XXXVI. INDIAN AFFAIRS…

XXXVI. INDIAN AFFAIRS

When America was discovered, in 1492, the whole continent was thinly populated (except in some few regions where a considerable degree of civilization and skill in agriculture had been attained, as in Mexico and Peru) by roving tribes of natives, of unknown origin. These were called, by Europeans, Indians, from the erroneous idea of Columbus, and the men of that age at first, that there was only one continent; and that they had reached the eastern shore of Asia, when America was discovered.

The whole of the region comprising our country was in the possession of a great number of these tribes. Their number, when permanent settlements began to be made, is not known, but probably amounted, in all the vast territory, to only a few million—perhaps two or three. They divided the country between them, in an indefinite way, war and hunting being their chief occupations. They attempted very little cultivation of the soil. The settlements of the Indians were as indefinite and moveable as their boundaries, and they attached little value to land. Territory was acquired from them partly by force and partly by purchase. These last were usually made for a nominal sum, and with little comprehension, on their part, of the importance and future effects of its alienation.

As the settlements of Europeans extended, frequent and barbarous wars, greatly exasperating the whites, arose as a revenge for private injuries, or in retaliation of encroachments on their hunting grounds. As these always ended, ultimately, in favor of the settlers, and the Indians were driven farther back, the country was taken possession of as the spoils of conquest. These desolating contests, and the easily-acquired vices of the whites constantly diminished their numbers. They were so inherently wild men that the conquered remnants usually withered and faded away under the process of civilization.

When, after the War of the Revolution, the settlements came to be consolidated and extensive, under the rapid growth of the population, lands were reserved for these remnants; treaties were made with them, as with independent nations; and, from their improvidence and carelessness as to the economical preservation of their resources, the indemnities allowed them for the lands to which they renounced all claim were paid to them in installments, or as annuities, by the government. This system has been continued to the present day, and has occasioned the establishment of the

INDIAN BUREAU OF THE INTERIOR DEPARTMENT.

It is presided over by the Commissioner of Indian Affairs, appointed in the usual way by the President and Senate. Numerous Superintendents and agents are appointed to reside near the different locations assigned to the Indians, to conduct the business under his supervision, and receive and distribute the goods and moneys given by treaty to each tribe. They give bonds for faithfulness in the employment of funds destined for the Indians. They are appointed for four years, and report and account to the Department of the Interior.

Except a few who are taxed, the Indians are not counted among our population as citizens. They have, therefore, no representative in Congress, nor, except the criminal law to some extent, are they amenable to other of our laws than such as the treaties have established. Their internal government is conducted by themselves alone, neither governor, judge, nor courts being established, as in other Territorial jurisdictions.

They are difficult to control, however, not recognizing, as civilized people do (except a small number who are far on the way to civilization), the obligations of treaties and pledges. Dishonest and self-seeking men often take advantage of their ignorance and their love of ardent spirits and trinkets, to cheat and injure them. To remedy this as far as possible, white men are not permitted to reside on their reservations unless by special license of the government. Nor can they alienate their lands to white men not officials acting under government supervision.

All pains are required to be taken by the government officers to promote their interests, and schools and missions are encouraged among them, and agricultural implements are furnished so far as they can be persuaded to use them. In short, it is the benevolent and enlightened aim of the government to act as the guardians of their true interests, to encourage mental and moral culture among them, and assist them toward the acquisition of the arts and comforts of civilized life.

It will easily be comprehended that many difficulties oppose themselves to this effort with a race whose instincts are so wild and fierce, and who adopt our vices so much more readily than our virtues, and are so easily influenced by bad and designing men. Still, progress is made, as will be seen in the case of

THE INDIAN TERRITORY.

It is situated south of the 37th degree of north latitude, and west of the States of Arkansas and Missouri. Texas bounds it on the south. It has 71,127 square miles, and is about a third larger than the State of Illinois. It is very fertile, for the most part, and a beautiful region. It is inhabited, in great part, by Indians who have been transferred from the regions east of the Mississippi, mostly Cherokees, Creeks, Choctaws, and Seminoles. Some of these were removed by persuasion, and some by force, from their former homes, where they were disturbed by proximity to the rapidly increasing white population.

Each tribe has its own section of the Territory. Here they practice their own customs unmolested, and conduct their own government. Many of them, especially the Cherokees, are intelligent and industrious. They have churches and schools and factories, highly-cultivated farms and good buildings. Improvement is so marked among them that it is not improbable that they may at some future time become a State in our Union. At present they are amenable to the Circuit and District Courts of the adjoining States when certain crimes are committed by them against the whites in those States, but our courts have no authority over their relations to one another.

The population of the Territory is 70,000. The entire Indian population of the country is over 300,000. They are scattered over the States and Territories between the Missouri river and the Pacific coast, and those outside the Indian Territory are often at war with each other and with our citizens, requiring many troops and a large expense to keep them in subjection. It is probable that, as a race, they will soon become extinct, except, perhaps, those in the Indian Territory. They are uneasy, and dangerous neighbors to the whites in those sparsely-settled regions. The amount appropriated to the Indians by Congress for the year 1873-4, was $5,513,937, which was exclusive of their annuities, or funds invested for them, of which they receive the annual interest.

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XXXVII. CENSUS BUREAU

1. A census is an enumeration, or counting, of the inhabitants of any country. History informs us that this was done in very ancient times. One of the books in the Old Testament (Numbers) was named from the circumstance that it contains an account of the numbering of the Israelites, by the order of Moses. That numbering was a census of the people composing the Jewish nation. It not only gives us the total number of the people, but that of each tribe; much after our own mode of doing the same thing. We take ours by States, and we find the total of the whole nation. In ancient times a census seems to have been taken more for military than for any other purpose. This is one of the objects in the present day; but in modern times many uses are made of a census. It not only shows the military power of a nation, but when taken with the distinction of sex, and age, with an account of the births, marriages, and deaths during each year, it throws much light upon a variety of interesting topics; such as the longevity, the rate of mortality, the ratio of increase, and the average duration of human life. These, and many other important facts are obtained by a census.

2. In the United States the census is the only means by which Congress determines the number of Representatives each State is entitled to have in that body. Hence the Constitution itself makes provision for the enumeration of the people once in ten years—called a decade. The first was made in 1790, the next in 1800, and so on every tenth year. If the number of any year ends with a cipher, we know that the United States census was taken, or will be taken, in that year, whether we look backward or forward.

3. Up to the present time, according to the provisions made in the Constitution, a census has been taken nine times, and under the head of recapitulation (see index) we find what it was each time. We also find that from the first (1790), to the last (1870), the population had increased from 3,929,827, to 38,838,180. Therefore it approximates very nearly to 40,000,000; indicating a growth unparalleled by any nation in ancient or modern times.

We will next state how this great national work is performed. The Constitution simply declares that it shall be done, but the laws specify how it shall be done, and who shall do it.

The United States Marshals are the officers designated by the law as the persons who shall make the enumeration of the people in each State and Territory; in addition to which they are also required to procure other statistical matter, as directed by Congress.

4. In order to accomplish this work, it is necessary to employ a number of assistant marshals, one of whom must visit every house in his district, and ascertain the number of persons belonging to it, together with such statistical information as is required. This is all returned to the Marshal, and by him sent to the Department of the Interior at Washington, where, under the direction of the Secretary of the Interior, it is made into a report, and then laid before Congress, to be used by it in apportioning to the States their quota of Representatives. This apportionment is actually made in the Department of the Interior, and then laid before Congress for its examination and approval. The Marshal appoints and commissions his deputies, who must be sworn to perform the duties assigned to them, to the best of their ability.

5. In the department of the Interior there is a board whose duty it is to superintend the work of taking the census. It prepares, prints, and sends to every Marshal the blanks to be used by him and his assistants; and when they have made returns of their work, the board arranges them preparatory to laying them before Congress. After this they are published, and make a valuable work of reference; for they contain a vast amount of statistical information—such as the number of acres of land under cultivation, the number of bushels of grain of every kind produced in the year; the number of horses, cattle, sheep, swine, &c., raised; the number of manufacturing establishments, and the amount of their productions; the number of churches, schools, colleges, &c.; the number of deaf, blind, idiotic, and insane persons; together with much other matter, quite too voluminous for insertion here.

6. All this is done by order of Congress, and of course paid for from the United States Treasury.

Elsewhere in this book (see index) we give a tabular statement of the population of each State and Territory, at each time the census has been taken by the United States. It shows the increase at each decade from 1790, the first time it was taken, to 1870—the last at this date. This table also shows the increase in the number of States, from the original 13 to the present 37, besides the Territories, which alone are larger than the original 13 States, and nearly as numerous.

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XXXVIII. THE DEPARTMENT OF AGRICULTURE

Was established by an act of Congress, May, 1862. It is not, like the other Departments of the Executive Branch of the government, superintended by a Secretary with a seat in the President’s Cabinet. Its Head is called The Commissioner of Agriculture, and he is appointed by the President, by and with the advice and consent of the Senate, like other civil officers. The creation of this office is a recognition of the extreme importance of this industry to the prosperity and welfare of the nation. Our country is eminently an agricultural one; and the interests confided to this department are those of a class of the people more numerous than any other, and on the success of whose labors depends the well being of all. In proportion as this industry attains a high state of development, and is generally prosperous, do the professional, mercantile, and manufacturing classes increase in wealth. It is the foundation on which they build.

The great fertility of our country, and the breadth of area adapted to all the most useful products of the world, and the need of instruction, suggestion, and aid in properly adapting agricultural products to the soil and climate, by the large number of settlers in regions with whose peculiarities they are but partially familiar, give a special interest and value to this new Department.

Its duty is to watch over this large field and make such suggestions to Congress in regard to legislation as shall seem called for; to disseminate such practical information among the people as it may be able to acquire by intelligent observation in this and other countries; and the testing and dissemination of rare and untried plants of other countries that promise to increase our agricultural resources.

For experiments in the latter case, a propagating garden and grounds are provided, and the most skillful and intelligent officers, bringing all the lights of science to their assistance, devote themselves to the study of these plants, as to the soil and climate best adapted to them, the proper modes of cultivation, and to acclimating them to our country. This branch of the department sends, to suitable sections of the country, such plants and seeds as it has reason to believe it will be profitable to introduce and cultivate. This usage, continued for many years, will, no doubt, contribute very greatly to the variety of useful products which add to our comfort and wealth.

The department keeps skillful chemists and naturalists constantly employed to gather information of various kinds, that may be useful to agriculturists. The character of soils, the influences of climate, the best system of farming, the diseases of domestic animals, and plants and their cure, the best mode of preserving crops from the ravages of insects, and many others are the subjects of careful investigation, and the information thus gained is freely communicated to the country at large.

There is a statistical division, in which facts are gathered from the whole country and published monthly. This serves many useful purposes. It also collects data, for purposes of comparison and instruction, from foreign countries. Whatever facts it may be most useful for farmers to know, whatever crops it may be most profitable for them to produce, and whatever improvements in the modes of agriculture and in agricultural implements are discovered to be possible are communicated to all without cost.

Agricultural education receives much attention from the department, and all the facts and influences that can aid in making farmers thoroughly intelligent in their own pursuit, are gathered and employed with effect. Agriculture cannot but improve immeasureably under this fostering care, and this Department is likely to become one of the most important and useful in the government. It is yet in its infancy, but has already accomplished much good.

The commissioner reports annually to Congress. He has power to appoint such officers as Congress considers necessary. In 1868 a fine building for this department was completed at a cost of $140,000. It contains a chemical laboratory with all the necessary apparatus and materials, and a museum, or collection of specimens, of value in the study of agriculture, store-rooms for seeds to be sent throughout the country, &c. The beauty of the building and grounds adds a very attractive feature to the National Capital, and the Institution itself is a favorable comment on the wise and provident care bestowed by the government on the leading interest of the people.

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XXXIX. POST OFFICE DEPARTMENT AND POST MASTER GENERAL

This department of the government, whose head, the Post Master General, is a member of the Cabinet, exists by virtue of Section 8, Article 1st of the Constitution, where are these words: “Congress shall have the power to establish post offices and post roads.”

From small beginnings, in early colonial times, and continued through the Revolutionary War, it has grown to be one of the largest and most important departments of the government. The security, speed, and cheapness of intercourse between all parts of the country and with foreign lands, is of the utmost importance to business and commerce; it encourages social intercourse and intimate relations among the people, and is of no small consequence in developing their intelligence and promoting their improvement.

By successive laws of Congress it has been perfected to its present state of excellence. The duties connected with it are performed by many thousands of persons in every part of the country. They are of average intelligence and education, and must be trained to their work almost without personal instruction or supervision, yet so complete is the organization, and so pervading the influence of the central power, the regulations so simple, clear, and precise, that mistakes are extremely rare, considering the great number of transactions, and instances of misconduct in office are probably less frequent than in any other branch of the public service, though employing persons well trained and under close surveillance.

The Post Master General is appointed by the President and the Senate for four years. His office is in the General Post Office at Washington. He has three assistants, appointed in the same manner as himself. He has a seal of his office, an impression from which must be affixed to the commission of every postmaster in the United States; and also to all copies of papers and documents that may be wanted from his office. This only can give them official value of the same importance as the original papers. He must give bonds as security for faithfulness in office, and take the usual official oath.

He has the entire direction and management of the Department, and the appointment of all local postmasters (in law considered as his deputies), whose salary is less than $1,000 per annum. All others are appointed by the President and Senate.

That its business may be more conveniently arranged and prepared for his final action, it is distributed among several bureaus, or minor departments as follows:

THE APPOINTMENT OFFICE.

Includes the divisions of appointments; bonds given by postmasters, agents, and clerks; salaries and allowances, where they are not provided for by law; free delivery in cities; and the agency of blanks used in the extensive business and reports of the department. This office is in charge of the First Assistant Post Master General.

THE CONTRACT OFFICE.

This includes the divisions of contracts for carrying the mails, by persons or companies; the inspection of the entire process of carrying the mails, to secure their safe, regular, and prompt delivery; mail equipment, or the supply of all the material and conveniences for transportation of the mail, furnished by the department; special agents, and mail depredations, which has the care of all violations of law and the conduct and accounts of all agents employed for the suppression and prevention of abuses; and the Topographical, which has charge of maps and diagrams of mail routes, and geographical information, required for the various branches of the service. It is in charge of the Second Assistant Post Master General.

THE FINANCE OFFICE.

This is separated into the divisions of Finance, which has charge of the entire cash receipts, transfers, and disbursements of the department; of postage stamps and stamped envelopes, newspaper wrappers, and postal cards; registered letters and seals; and the examination of Dead Letters and their return to the writers. Dead letters are those not taken out of the office to which they were sent. After being advertised three weeks in some newspaper near the office where they were sent, they are returned to the General Post Office, where they are examined; and if they contain money or valuable papers they are returned to the writers and an account of them kept at the General Post Office. The sums, so lost and taken care of, amount annually to tens of thousands of dollars. The Third Assistant Post Master General has charge of it.

THE MONEY ORDER OFFICE.

The Money Orders System furnishes very convenient and safe banking facilities for the transfer of money in small sums. It diminishes as much as possible the exposure of money to loss by theft or otherwise, through the plan of depositing in one office, and sending a certificate of such deposit which is good for the money at another office. Immense sums are so exchanged and business facilitated without any actual passage of the money from one point to the other. When it is necessary to preserve the balances it is done by, and at the risk of, the department.

No more than fifty dollars can be sent in one order, nor more than three orders to the same person in one day. The number of these offices is more than 1,400.

The rates of commission on money orders are,

On orders not exceeding $10 5 cents. Over $10, and not exceeding $20 10 cents. ” $20, ” ” $30 15 cents. ” $30, ” ” $40 20 cents. ” $40, ” ” $50 25 cents.

No fractions of cents allowed in orders.

When a money order has been lost or destroyed, a duplicate can be got, by the person who bought the order or by the person it was bought for, by applying either at the office where the order was bought or at the office where it should be paid. The Money Order Department is in charge of the Superintendent of the Money Order System.

An international money order system, between the United States and Switzerland, went into operation September 1st, 1869, whereby the exchange of Postal orders between the two countries is effected through the agency of two Post Offices termed International Exchange Offices. The Office of New York City being set apart for the United States, and that of Basle, in Switzerland, for that country. The amount drawn for cannot exceed fifty dollars in one order, three orders only can be obtained by the same person in one day. The system works satisfactorily, and will no doubt be extended to Great Britain, and perhaps other European Nations at an early day.

THE OFFICE OF FOREIGN MAILS.

It has the care of all foreign postal arrangements and the supervision of the ocean mail service. It is presided over by a Superintendent.

THE AUDITOR OF THE TREASURY FOR THE POST OFFICE DEPARTMENT.

This is a bureau of the Treasury Department, which, for convenience, is located in the General Post Office. To this officer is assigned the duty of auditing the accounts of the Post Office Department, all communications relating to the accounts of postmasters, mail contractors, and other agents of the Department, are addressed to this officer.

The head of so large and important a department of the public service is properly a chief officer of the government and has a seat in the cabinet.

NUMBER OF POST OFFICES AND MILES OF POST ROADS IN THE U. S.

In 1790 there were but 75 post offices, and 1,875 m. of post-roads. 1800 ” 903 ” 20,817 ” 1810 ” 2,300 ” 36,400 ” 1820 ” 4,500 ” 72,492 ” 1830 ” 8,450 ” 115,176 ” 1840 ” 13,463 ” 155,739 ” 1850 ” 18,417 ” 178,672 ” 1860 ” 28,498 ” 240,594 ” 1870 ” 28,492 ” 231,232 ”

POSTMASTERS GENERAL.

Samuel Osgood, Mass., Sept. 26, 1789. Timothy Pickering, Mass., Aug. 12, 1791. Joseph Habersham, Ga., Feb. 25, 1795. Gideon Granger, Ct., Nov. 28, 1801. Return J. Meigs, O., March 17, 1814. John McLean, O., June 25, 1823. William T. Barry, Ky., March 9, 1829. Amos Kendall, Ky., March 1, 1835. John M. Niles, Ct., May 18, 1840. Francis Granger, N. Y., March 6, 1841. Charles A. Wickliff, Ky., Sept. 13, 1841. Cave Johnson, Tenn., March 5, 1845. Jacob Collamer, Vt., March 7, 1849. Nathan K. Hall, N. Y., July 20, 1850. S. D. Hubbard, Ct., Aug. 31, 1852. James Campbell, Pa., March 5, 1853. Aaron V. Brown, Tenn., March 6, 1857. Joseph Holt, Ky., March 14, 1859. Horatio King, Jan. 1, 1861. Montgomery Blair, Md., March 7, 1861. William Dennison, O., Oct. 1, 1864. Alexander W. Randall, Wis., July 15, 1866. J. A. J. Creswell, Md., March 5, 1869. ” ” reappointed March 17, 1873. Marshall Jewell, July 1874.

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XL. RATES OF POSTAGE IN THE UNITED STATES

On each letter weighing not more than one-half ounce three cents, and for each additional half-ounce or fraction thereof, three cents.

All packages containing matter not in itself chargeable with letter postage, but in which is enclosed or concealed any letter, memorandum, or other thing chargeable with letter postage, or upon which is any writing or memorandum; and manuscripts for publication in newspapers, magazines, or periodicals—three cents for each half-ounce or fraction thereof. Weight of packages limited to four pounds.

On local or drop letters, at offices where free delivery by carriers is established, two cents for each half ounce or fraction thereof; and where free delivery has not been established, one cent for each half ounce or fraction thereof.

On seeds, cuttings, bulbs, roots and scions, one cent for each ounce or fraction thereof. Weight of packages limited to four pounds.

On pamphlets and occasional publications, all transient printed matter, unsealed circulars, book manuscripts, proof sheets, corrected proof sheets, maps, prints, engravings, etc., one cent for each ounce or fraction thereof. Weight of packages limited to four pounds.

On samples of ores, metals, minerals, and merchandise, one cent for each ounce or fraction thereof. Weight of packages limited to four pounds.

On books, one cent for each ounce or fraction thereof. Weight of packages limited to four pounds.

All domestic matter, including newspapers, magazines and periodicals sent to actual subscribers from a known office of publication, must be prepaid by postage stamps affixed thereto.

Newspapers issued weekly, or oftener, and sent from publishers or news agents, to subscribers or dealers, two cents per pound; and if not issued as often as weekly, three cents per pound.

Papers sent miscellaneously, and not regularly, postage the same as on books.

FOREIGN POSTAGE.

-----------------------------------------------------+--------+--------- | | News |Letters |papers FOREIGN COUNTRIES. | per | not | ½ oz. |exceed’g | | 4 oz. -----------------------------------------------------+--------+--------- Alexandria, Egypt, British closed mail via | | Southampton | 16 | 4 Aspinwall, U. S. packet * | 10 | 2 Australia, British mail via Southampton | 16 | 4 ” ” ” Brindisi | 22 | 8 ” German mail, direct, via Brindisi | † 20 | 12 Austria, including Hungary, German mail, direct | † 6 | 3 ” ” ” ” closed mail via | | England | † 7 | 4 Belgium, by direct steamers | † 6 | 3 ” via Great Britain | † 8 | 4 Bermuda, U. S. packet * | 10 | 2 Brazil | 15 | 3 ” British mail | 28 | 4 British Columbia (Letters unpaid 10 cents per ½ oz.) | † 6 | 2 Canada, England, Wales, Ireland and Scotland (unpaid | | 10c. per ½ oz.) | † 6 | 2 Postal Cards to Canada or British Columbia one | | cent extra. | | Central America * | 10 | 2 Chili, via Panama | 22 | 4 China, via San Francisco | 19 | 2 ” Southampton | 28 | 6 ” Brindisi | 34 | 8 Constantinople, German mail, direct | 10 | 6 ” ” closed mail, via England | 11 | 7 Cuba, U. S. packet * | 10 | 2 Denmark * | 7 | 4 East India, British, via San Francisco | 10 | — ” ” ” British mail, via Southampton | 22 | ” ” ” ” ” Brindisi | 28 | 8 Ecuador | 20 | * 2 Egypt, except Alexandria British mail, via | | Southampton | 20 | 6 Falkland Islands, British mail, via Southampton | 16 | 4 France, direct * | 10 | 2 Germany, via Hamburg or Bremen, direct | † 6 | ” closed mail, via England | † 7 | Postal Cards to Germany one cent additional. | | Gibraltar, British mail, via Southampton | 16 | 4 Gold Coast, ” ” ” | 16 | 4 Great Britain and Ireland | † 6 | 2 Greece, German mail, direct | † 14 | 9 Guatemala, U. S. packet * | 10 | 2 Havana, U. S. packet * | 10 | 2 Hawaiian Islands, U. S. packet (Newspapers one cent | | per ounce) | 6 | — Holland | 10 | 4 Honduras, via St. Thomas | 18 | 4 Hong Kong, including Canton, Amoy, Swatow, and | | Foo-Chow, U. S. packet | 10 | 2 Hong Kong, British mail, via Southampton | 28 | 6 Italy * | † 10 | 4 Jamaica, U. S. packet * | 10 | 2 Japan, U. S. packet | 10 | — Java, British mail, via Southampton | 28 | 6 Jerusalem, German mail, direct | † 11 | 7 ” ” closed, via England | † 12 | 8 Malta, British mail, via Southampton | 16 | 4 Mexico, U. S. packet (by sea) | 10 | 3 Morocco, British mail, via Southampton | 16 | 4 Natal, ” ” ” | 28 | 4 Netherlands, same as Holland. | | Newfoundland | 6 | 2 New South Wales, British mail, via Southampton | 16 | 4 New Zealand, ” ” ” | 16 | 4 Norway, via England and Christiana | 10 | 4 Panama, U. S. packet | 10 | 3 Paraguay, U. S. packet (Newspapers 4 cents each) | 18 | 4 Peru, British mail, via Panama, ” | 22 | 4 Portugal, British mail, via Southampton | 16 | 6 Prince Edward Island (Unpaid letters 10 cents each | | ½ oz.) | 6 | 2 Russia, German mail, direct | 10 | 6 ” ” closed mail, via England | † 11 | 7 Sandwich Islands (Newspapers one cent per two ounces)| 6 | — Shanghai, U. S. packet | 10 | 2 Sierra Leone, British mail, via Southampton | 16 | 4 Spain, German mail, direct | 11 | 6 ” via New Orleans * | 10 | 2 Sweden and Norway, by direct steamers for U. S. | † 6 | 2 Sweden, via England and Christiana | 9 | 4 Switzerland, via England | † 10 | 4 ” ” Germany | † 8 | 3 Vancouver’s Island (Letters, if unpaid, 10 cents per | | ½ oz.) | † 6 | 2 West Indies, except otherwise stated, via St. Thomas | 18 | 4 -----------------------------------------------------+--------+---------

* Denotes that the postage is the United States postage only, which must be prepaid on matter sent and collected on matter received.

† Denotes that prepayment of postage is optional; in all other cases it is compulsory.

GREAT BRITAIN AND IRELAND.—Letters wholly unpaid or insufficiently prepaid are subject on delivery, in addition to the deficient postage, to a fine of 6 cents in the United States and 3d. in Great Britain. Book manuscript and corrected proof may be sent at book-packet rate of postage.

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XLI. REGISTERED AND DEAD LETTERS

REGISTERED LETTERS.

Within the last few years the Registered Letter Department has grown to enormous proportions. In former times the registering of a letter was only a notice to those handling it that it was valuable, the process being to simply paste a Registered Letter Bill to the letter and place it among the ordinary letters. If any officer was dishonest and wanted the letter, all he had to do was to take it and destroy the bill, and the chances of detection were very slight. The fee was small and the safety smaller. Under the new system which has been in operation some few years, and is copied from England, the safe transmission and delivery of money and valuables is almost certain. Only letters or other mail matter on which letter rates of postage are fully prepaid can be registered. Each postmaster is furnished with all the proper blanks, including the package envelopes and seals. The latter is a large whitish brown envelope, longer and broader than an ordinary official size envelope, and “Registered Letter” printed in large red letters across the face. The seal is similar to a postage stamp, only larger, and is placed over the lap after the envelope is sealed, and then cancelled. When a letter is presented for registration at any post office, the postmaster must require that the name and post office address of the writer thereof be endorsed on its face; he must also see that the postage, as well as the fee for registering, is fully prepaid by stamps affixed to such letter; he will then fill out a receipt, entering thereon the number of the letter, the date and name of his office, the name and address of the writer, and the address of the letter, sign and deliver it to the person presenting the letter. The postmaster then makes out his “registered letter bill” and “return registered letter bill” each of which contains a full description of the letter consisting of address and number. The registered letter bill is then placed in the package envelope with the letter. The package is then sealed up and the name of the post office for which it is destined, and the number and stamp of the mailing office are plainly marked upon the package. It is then ready for delivery to the route agent or postal clerk upon whose route it properly belongs, who is required to give a receipt for it, and also to keep a complete record of it, as are all officers of the Department who handle registered matter in transit. He must also take a receipt from the officer to whom he next delivers the package. The return registered letter bill is sent in an ordinary envelope in the regular mail to the office of final destination, which will, by reason of the fact that no registered letters are sent in through mails, and only in charge of postal clerks upon day trains, nearly always reach the office in advance of the registered letter; and the postmaster, then knowing that such letter is on the way, is on the lookout for it, and if it comes in due time signs the receipt and returns it to the mailing office. All this is done for a fee of only eight cents in addition to the regular postage.

If a registered letter should not reach its destination in a reasonable length of time after the receipt of the return bill, the post master will notify the post master at the mailing office of the non-receipt of the letter. It then becomes the duty of the last mentioned officer to inform a special agent of the fact, who will make out what is called a “tracer,” which is a complete description of the letter, with blank space for each person who handled the original letter to state, from his records and receipts, exactly what disposition he made of it and whose receipt he holds; he then passes it along to the next. Thus by this complete chain of records and receipts, though it may reach from the Atlantic to the Pacific, a registered letter may be readily traced to its final destination, or until the records cease. If a break should occur in the chain and the loss be fastened upon any post office or mail agent, the case is rigidly “investigated” by the proper officer, and if it appears that the loss occurs through carelessness, the loser is made to pay the value of the lost letter, and receive a severe reprimand, and if it should occur again is very apt to be dismissed the service. If the special detective is convinced that the missing letter is stolen, he then takes a different course and commences his system of “decoys,” etc., to catch the thief, and is almost always successful, as the man who robs the mails always becomes careless, and grows bolder with each repetition of the offense.

The amount and extent of the registered letter business may be judged when it is stated that during the month of January, 1874, at the post office in New York over sixty thousand registered letters were received, nearly thirty thousand of which were for delivery in the city, and the rest for other places, New York being a distributing office.

DEAD LETTERS.

About all that people know or understand of the workings of the Dead Letter bureau of the Post Office Department is that if a letter is not delivered in due time it is sent to the Dead Letter Office, and there opened and returned to the writer. When, each year, they see the report of the Postmaster General, the amount of money and number of letters that are returned to the senders seems enormous, but when it is considered that millions of letters and thousands of dollars are carried and safely delivered correctly each year in the United States, the number that fails of delivery, by contrast, does not seem so great. During the month of November, 1873, nearly ten millions of letters were received and dispatched in New York City.

Every effort is always made to return money or any articles of value which may be found in dead letters. It is required that everything valuable shall be registered free when returned to the owners; but if for any reason it cannot be delivered to the rightful owner, it is held in the Department subject to the owners control for four years, and after that time it is conveyed to the Treasury, and goes towards decreasing the annual deficit in the Post Office Department. All letters which are properly stamped and addressed, and go to their destination, but are not delivered at the end of one week, by reason of the person addressed not being found, are advertised, either by publishing once in a daily or weekly paper, or by posting the list in a conspicuous place in the office. At the end of four weeks all then undelivered are sent to the dead letter office. The matter of advertising in newspapers is left to the discretion of the Postmaster General, and it is but few of the larger offices that are allowed to do so. The compensation is fixed by law at one cent for each letter, which is to be paid by the person receiving the letter; but by reason of the fact that by far the larger portion of those advertised are not delivered, the expense is so great that but few offices can be allowed to advertise. All letters which are dropped into an office without stamps or only part paid, or the address is not readable, are sent at once to the Dead Letter office, except in some few offices where a bulletin board is provided for the purpose of displaying to the public letters of this character. When a letter which is wholly or in part unpaid, and upon which the address is legible, is found to contain a valuable enclosure a printed circular is sent to the party addressed requesting that the requisite amount of postage be forwarded in stamps and the letter will be forwarded to its proper address.

A great many articles which are of value only to the senders or the persons for whom they are intended, such as little baby shoes, stockings, photographs, etc., etc., find their way to the Dead Letter office. Special effort is always made to deliver things of this character. Perhaps the little shoe or stocking may have belonged to some little one whose feet are still forever, and is being sent to a grandmother or some other near relation as a memento of the little one that is gone. Such articles as this may be of no possible value to any one but the owners, but the post office authorities make as great an effort, even greater to deliver this class of articles, than they do money or jewels. At the present time in the Dead Letter office are great stores of small articles of very little or no value to any but the owners, waiting to be called for.

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XLII. ATTORNEY GENERAL

It will be readily perceived that, in a country developing so rapidly as ours, producing, thereby, an almost unbroken series of new situations, requiring a cautious application of old laws and the constant enactment of new ones, and so, a danger of confusion of legislative rules, that the President and his Cabinet would need a legal adviser of eminent ability, and of extensive acquirements in legal affairs, to give instruction and counsel on various lines of action contemplated by the executive branch of the government, and of the lawful course to be taken in the numerous particular cases constantly coming up for determination. Besides, various suits require to be instituted or defended in the courts, by the government, and some officer is needed to prosecute or defend them in its name and interest.

To answer these requirements, the office of Attorney General was created by the first Congress in 1789. He is a member of the Cabinet, is nominated by the President, and confirmed by the Senate, and is removable at the pleasure of the President. He has an assistant and various clerks to aid him in the discharge of his responsible duties.

By an act passed in 1861 he is made Superintendent of all the Attorneys and Marshals in all the Judicial Districts of the United States. His office is at the seat of Government.

The following is a complete list of the Attorneys General:

ATTORNEYS GENERAL.

Edmund Randolph, Va., Sept. 26, 1789. William Bradford, Pa., June 27, 1794. Charles Lee, Va., Dec. 10, 1795. T. Parsons, Mass., Feb. 20, 1800. Levi Lincoln, Mass., March 5, 1801. Robert Smith, Md., March 2, 1805. John Breckinridge, Ky., Dec. 1806. Cæsar A. Rodney, Del., Jan. 20, 1807. William Pinckney, Md., Dec. 11, 1811. Richard Rush, Pa., Feb. 10, 1814. William Wirt, Md., Dec. 16, 1817. John McPherson Berrien, Ga., Mar. 9, 1829. Roger B. Taney, Md., July 20, 1831. Benjamin F. Butler, N. Y., Nov. 15, 1833. Felix Grundy, Tenn., July 7, 1838. Henry D. Gilpin, Pa., Jan. 11, 1840. John J. Crittenden, Ky., Mar. 5, 1841. Hugh S. Legaré, S. C., Sept. 13, 1841. John Nelson, Md., July 1, 1843. John Y. Mason, Va., Mar. 5, 1845. Nathan Clifford, Me., Oct. 16, 1846. Isaac Toucey, Ct., Jan. 21, 1848. Reverdy Johnson, Md., Mar. 7, 1849. John J. Crittenden, Ky., July 20, 1850. Caleb Cushing, Mass., Mar. 5, 1853. Jeremiah S. Black, Pa., Mar. 6, 1857. Edwin M. Stanton, Pa., Dec. 14, 1860. Edward Bates, Mo., Mar. 5, 1861. James Speed, Ky., Dec. 1864. Henry Stanberry, O., July, 1866. William M. Evarts, N. Y., 1868. Eben E. Hoar, March 5, 1869. Amos T. Akerman, Ga., July 8, 1870. George H. Williams, Oregon, 1871. Edward Pierrepont, New York, 1875.

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XLIII. PRESIDENTIAL ELECTORS

An Elector, in the sense of the Constitution, is one who has been appointed to choose or elect the President of the United States. Electors have been chosen in various ways. At first they were often appointed by the State Legislatures, or these passed a law directing their election by the people. This has gradually disappeared, and now the people, by law of Congress assemble on the first Tuesday after the first Monday in November preceding the close of a presidential term, and vote for the electors. The electors in each State are called its Electoral College. They meet on the first Wednesday in December following their election, in their respective States, and vote by ballot for a President and Vice-President. These cannot both, according to the Constitution, be citizens of the same State. They count, certify, and seal these votes and send the sealed package by a messenger, appointed for that express purpose, to the President of the United States Senate. On the second Wednesday in February following, the members of the Senate and House of Representatives assemble together, the packages are opened and the votes counted in their presence, and the result is officially proclaimed. It is evident that this is now a mere form, and the President and Vice-President are virtually determined by the people in November. It is not in harmony with the other parts of our system of government, which aims at simplicity and practical usefulness, and it will probably soon be dispensed with. It was originally designed, by those who framed the Constitution, to act as a check to party spirit, and was expected to serve a very useful purpose. They felt the great importance attaching to the office of Chief Magistrate, on whom they had conferred so much power, and thought, by this means, to raise his election above disturbing influences. It was not expected that the candidates for those offices would come in question, in the popular elections. The choice was designed to be left with the electors, with whom, being chosen by the people for that purpose, it was supposed they would feel safe in leaving it. It was believed that a select body of eminent men would act with more prudence and wisdom than the people at large. But the people felt themselves competent to judge for themselves, and have, like imperious sovereigns, imposed their choice on the Electors, so that that part of our constitutional machinery has become a dead letter. The people know their own minds better, and are more resolute in imposing their will on their representatives than was expected; and they have favorably disappointed the best hopes of those who believed most in their discretion. So we see that the failure of the Electoral System, planned by the Fathers of the Republic, is an honorable commentary on the ability of the people for self-government.

Their success in making their own choice authoritative has led them to overlook the incongruity of the system, so that they have never resolutely required it to be abolished. Perhaps the idea that it might be useful in some important crisis of national affairs has had an influence to prevent interference with it. As its retention is attended with considerable expense, when questions of Economy come to take a leading place in public policy it is likely to be laid aside, in form, as well as in fact.

The elections for President, Congressmen, Governors of the States and their Legislatures, determining the general policy of the government, and the class of men who shall be appointed to the various minor offices under its control; those who feel a strong interest in that policy from their judgment of its effect on the welfare of the country, or their desire to promote special measures; and those who are anxious to obtain or hold office, are very warmly interested in them. They divide into parties according to their views and exert themselves to the utmost to influence the result.

Most human affairs have their good and bad side, and this is not an exception. This party warmth is useful in causing discussion, examination, and thought, and stirring up the people to a careful study of their institutions and the principles of government, and the effect which particular measures may have on the public welfare. Its tendency, in this direction is, to make all the people statesmen—a point of the highest importance in a free government, where the People are Sovereign. The disadvantage is, that it often awakens an undue degree of passion and prejudice, the parties and men who are candidates for office abuse and misrepresent each other in order to destroy each others influence, when, perhaps, they are equally in earnest in seeking the good of the country. For this there is no apparent remedy, but in the intelligence and good sense of the people themselves. They must learn to be careful and candid in their judgment of men and measures, and to examine all sides of a question before rendering a decision. All should strive toward this intelligent moderation during important elections.

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XLIV. THE HISTORY OF PRESIDENTIAL ELECTIONS

The Presidents of the Continental Congress—as the Legislative body of the United States was called up to 1789, when the new Constitution went in effect—were chosen by its members, which then consisted of only one House, in the same manner as the Speaker of the House of Representatives is chosen now; nor was his authority more extensive. He was simply the presiding officer of a legislative body; and one that had by no means the effective authority of our present Congress, although no body in the world ever more deserved the gratitude and reverence of all time; for it founded and gave direction and character to a great nation—it may be, the greatest the world will ever know.

These Presidents had little, except the name, in common with the Presidents of the United States, as the Constitution made them. The Presidents were now to be appointed by the people, and become the depositaries of the Power of the Nation in Action. It was fit that, in a government deriving all its authority from the People, as the source of power, its Special Agent, its acting Representative, should be chosen by them.

In the summer of 1788 three-fourths of the States had ratified the Constitution, and it became authoritative as the Fundamental Law of the country. The Continental Congress, therefore, closed its own career by ordering elections for the new Congress, and for the electors who were to appoint the first President. It directed that these elections should take place on the first Wednesday in January, 1789; that the electors should meet on the first Wednesday in February following, to discharge the duty to which they were appointed; and that, on the first Wednesday in March, (which, in that year, was the fourth,) Congress should meet, the President be inaugurated, and the new government be put in operation.

This brought all these important events close upon the heels of one another; and on the 4th of March there was not a quorum of the Members of Congress assembled. The States lay far apart, and the roads were bad in those times, and at that season of the year. Though a bare quorum had gathered by the last of March, and many measures of pressing necessity were attended to, a full representation was waited for before the President elect was notified that they were ready for his inauguration; and that event took place only on the 30th of April. The presidential term, however, was considered to have legally commenced at the time previously ordered, and closed on that day of the year and month; so that it became the first day of our political year. It commences and closes the President’s term of office and ends the regular session of Congress.

FIRST ELECTION, 1789.

There were but 69 electors, and the choice of George Washington for President, and John Adams for Vice-President, was unanimous. He had declared, when resigning his commission as commander-in-chief, that he took leave “of all the employments of public life,” and only the earnest solicitations of the leading public men of the time, and their opinion that he alone could successfully inaugurate the new government, decided him to leave his cherished retirement. Washington’s ambition was known to be free from spot or stain of self seeking, and his moderation and judgment were trusted in as the sheet anchor of a new government which many feared would become too strong for the liberties of the people. They dreaded an abuse of power; but they had no fear of such abuse while wielded by Washington. There was a solid foundation to Washington’s fame, in his character.

The presidential electors were mainly chosen by the State legislatures during the times immediately following the adoption of the Constitution. That instrument did not decide how they should be chosen, but left it to the discretion of the State governments. In some States conventions chose them, and the practice was various; but after a time it proved to be more satisfactory to refer the choice directly to the people, and very soon the people themselves practically selected the President, the electors being pledged to the choice of the candidate favored by their constituents, so that their significance was lost. It is a proof of the popular character of our government. The system of electors indicated a fear of the people; a want of confidence in their judgment and self control. The electors, it was supposed, would be wiser, less accessible to passion and caprice than those who elected them. The people set them quietly aside, and proceeded to do their own work themselves, using the electors only to register their decision. Public men have seldom ventured to oppose the clearly formed and definite purposes of the people.

THE SECOND ELECTION, 1792.

Washington was again unanimously elected. He desired to lay down the burdens of office; but so many perplexing questions and disturbing influences threatened the stability of the government that he could not be spared. His name and character were a rock of strength. John Adams was re-elected Vice-President. Only 11 States had voted at the first election; North Carolina and Rhode Island not having then ratified the Constitution. They had now done so, and Vermont and Kentucky had been admitted, so that there were 15 States voting at this election. There were 132 electors. Washington declined another election absolutely, and the government had proved so suitable as to be fairly settled in the confidence of the people.

THE THIRD ELECTION, 1796.

Four persons were voted for at this election.

John Adams received 71 electoral votes. Thomas Jefferson ” 69 ” Thomas Pinckney ” 59 ” Aaron Burr ” 38 ”

As, by the Constitutional provision regarding electors, the person having the largest number of votes became President, and the one who had the next in number became Vice-President, Adams was now President, and Jefferson Vice-President. Tennessee had now been admitted into the Union, and there were 16 States voting.

Conflicting views on foreign policy, and vexing questions of internal administration began to exert a strong influence, and party spirit, for the next twenty years, was very bitter. Mr. Adams was a Federalist; Mr. Jefferson was an anti-Federalist.

THE FOURTH ELECTION, 1800.

The same candidates were again in the field. The political parties had become clearly defined. Adams and Pinckney were the Federal candidates, receiving—Adams, 64, Pinckney 63, electoral votes, while Jefferson and Burr had each 73. They were of the anti-Federal, or Republican party.

The election did not decide which of the two, Jefferson or Burr, should be President and Vice-President, and, by the provisions of the Constitution, the House of Representatives decided it in favor of Jefferson. Party heats were so great that it took 7 days and 36 ballots to reach this result. It was felt that there was a defect in the Constitutional provision that left it undecided, in such a case, which of the candidates was the choice of the electors for President, and it resulted in the ratification of the 12th amendment before the next election.

The Federal party never regained the power of administration lost at this election, though they continued to be a strong opposition until the close of the war of 1812. But an opposition, to criticize and point out faults, is often more useful out of office than in; and the Republican party was obliged to adopt substantially the general features of the policy pursued by their predecessors, while they added some very important ones of their own, in their disposition to favor popular rights.

THE FIFTH ELECTION, 1804.

Thomas Jefferson and George Clinton were the candidates of the Republicans. Charles C. Pinckney and Rufus King of the Federalists.

Jefferson was popular, and received 162 votes—Clinton receiving the same. Pinckney and King received only 14 votes. The admission of Ohio, in 1802, made 17 States to vote at this election.

The Federal party was much weaker than in the following election.

THE SIXTH ELECTION, 1808.

James Madison was the Republican candidate for President, and Geo. Clinton for Vice-President. Pinckney and King were again candidates on the part of the Federalists.

Madison received 123 electoral votes. Clinton ” 113 ” Pinckney and King each, 47 ”

Geo. Clinton died before the end of his term. There was the same number of States voting as in the previous election, viz.: 17.

THE SEVENTH ELECTION, 1812.

Madison was re-elected, with Elbridge Gerry as Vice-President. They each received 128 electoral votes.

De Witt Clinton and Jared Ingersoll, the candidates of the Federal party, received, Clinton 89, Ingersoll 57, votes. Louisiana having been recently admitted into the Union, there were now 18 States.

War with England was formally declared this year. It had actually begun on the ocean sometime before. It was a very trying and painful presidential term, owing to the violent and injudicious opposition made to the measures of the government, and the unfortunate choice of generals for the first two years; yet the ultimate result was highly creditable to the standing and reputation of the United States, and put an end to the annoying and insulting interferences with our vessels and commerce that had brought it on. It was a war waged for the honor and inviolability of our Flag, which was ever after duly respected.

THE EIGHTH ELECTION, 1816.

James Monroe and Daniel D. Tompkins were the candidates of the Republicans, who now began to be called Democrats. The Federalist party was now near its end. It nominated Rufus King who received 34 electoral votes, Monroe obtaining 183.

Indiana was admitted this year in time to vote, making 19 States. This period marked an important era in the internal history, as well as foreign relations, of the country. The period of trial for the Constitution was passed, and full confidence began to be felt in the system it had founded.

THE NINTH ELECTION, 1820.

Monroe and Tompkins were re-elected, the vote being substantially unanimous, for the first and last time since Washington. The close of this term made the Republican rule in the administration 24 years in succession, under three Presidents, each once re-elected, and all citizens of Virginia.

Four new States had been admitted during the previous term, viz.: Mississippi, Illinois, Alabama, and Maine, so that 23 States took part in this election.

THE TENTH ELECTION, 1824.

Four candidates were in the field for the presidency at this election. Missouri having been admitted since the ninth election there were 24 States to vote. The whole number of electors was 261; necessary to a choice, 131.

The candidates and votes were as follows:

Andrew Jackson 99 John Quincy Adams 84 Wm. H. Crawford 41 Henry Clay 31

By the Constitution the House of Representatives was required to select the President from the 3 candidates having the highest number of votes. They were to vote by States, and a majority of States would elect. J. Q. Adams received the vote of 13 States, and was declared elected. John C. Calhoun having received 182 electoral votes for the Vice-Presidency, was thereby elected to that office. 18 of the States appointed the electors by popular vote and 6 appointed them by their legislatures.

THE ELEVENTH ELECTION, 1828.

Andrew Jackson was elected President, and John C. Calhoun re-elected Vice-President.

John Quincy Adams and Richard Rush were also candidates for President and Vice-President, respectively. The contest was very hot and bitter. Jackson received 178, and Adams 171 electoral votes. The Popular vote was 650,028 for Jackson to 512,158 for Adams. The number of electors was the same as in the 10th election. The most violent excitement divided the north and the south on the tariff question, which culminated during this term in the “nullification ordinance,” which Jackson met with the decision and vigor for which he was distinguished, ending in the submission of the nullifiers. Calhoun resigned his office as Vice-President, Dec. 28th, 1832. He was the leader of the nullifiers.

THE TWELFTH ELECTION, 1832.

Jackson’s vigorous dealing with nullification was highly approved by the people, and he was re-elected, with Martin Van Buren as Vice-President.

Henry Clay was the candidate of the Whig party for President, and John Sergeant for Vice-President.

Jackson received 682,502 popular, and 219 electoral votes. Clay ” 550,189 ” 49 ” ------- ---- Jackson’s majority 132,313 170

Van Buren received 189 electoral votes for Vice-President. Twenty-four States voted at this election.

THE THIRTEENTH ELECTION, 1836.

Van Buren was run, by the Democrats, for the Presidency, and Richard M. Johnson for the Vice-Presidency, against Wm. H. Harrison, Hugh L. White, Daniel Webster, and W. P. Mangum. Van Buren’s vote was 762,149 popular, and 170 electoral. Harrison and the others united was 736,736 popular, and 124 electoral. The whole number of electors being 294, the number necessary to a choice was 148. Johnson failed by one electoral vote to be elected to the Vice-Presidency, and the case went to the Senate for decision, as directed by the Constitution. The remaining electoral votes for Vice-President being divided between 3 candidates, Johnson was appointed by the Senate.

Michigan and Arkansas having been admitted this year took part in the election, making 26 States.

THE FOURTEENTH ELECTION, 1840.

The Whig party this year concentrated on Wm. H. Harrison for President, and John Tyler for Vice-President.

The Democrats opposed them with Van Buren and Johnson again. The country had been passing through a financial crisis of extreme severity during the thirteenth presidential term, and this election, involving the decision of a financial policy, was very exciting.

Harrison was an Ohio farmer, and, the Democrats said, “lived in a log cabin and drank hard cider.” The Whigs took the hint, built log cabins to hold their campaign gatherings in, drank much hard cider, and sung stirring political songs.

Harrison’s popular vote was 1,274,783—his electoral vote 234 Van Buren’s ” 1,128,702 ” 60 --------- --- Majority, 46,081 174

Tyler’s vote as Vice-President was the same as Harrison’s.

Harrison died on the 4th of April, one month after his inauguration, and John Tyler succeeded to the Presidency. His term was made remarkable by his disagreement with the measures of Congress, on financial questions.

This was the first time a Vice-President had been called on to serve as a substitute for the President. There were 26 States taking part in this election.

THE FIFTEENTH ELECTION, 1844.

The slavery question entered into this election as a leading point. The Republic of Texas asked admission into the Union. As it would be certain to be a slave State, and many of the people objected to extending that institution while others favored it, the parties took it up; the Democrats favoring the admission, the Whigs opposing.

James K. Polk was the candidate for President, and Geo. M. Dallas for Vice-President, run by the Democrats.

The Whigs opposed against them Henry Clay and Theodore Frelinghuysen.

The vote for Polk and Dallas was 1,335,834, electoral vote 170 ” Clay and Frelinghuysen 1,297,033, ” 105 --------- --- Polk and Dallas’ majority, 38,801 65

This was the third time Mr. Clay had been defeated as a candidate for the Presidency, to the great regret of many, even of those who voted against him.

The war with Mexico followed as a consequence of the policy of the United States government, decided upon in this election. Texas had formerly been a part of Mexico, and that country considered its admission into the Union as an act of hostility to herself.

SIXTEENTH ELECTION, 1848.

The Whigs were successful in this election, owing to a division in the ranks of the Democratic party. The Whigs nominated Gen. Zachary Taylor for President, and Millard Fillmore for Vice-President; the Democrats Lewis Cass for President, and Wm. O. Butler for Vice-President; the Free Soil Democrats—who opposed the extension of slavery—Martin Van Buren for President, and Charles F. Adams for Vice-President.

The vote resulted thus:

Taylor and Fillmore’s popular vote 1,362,024, electoral vote 163 Cass and Butler’s ” 1,222,419, ” 127 Van Buren and Adams’ ” 291,678.

The third ticket secured no electoral votes.

Four new States had been admitted into the Union since the 15th election, viz.: Texas, Florida, Iowa, and Wisconsin; and 30 States voted this year.

Gen. Taylor died July 9th, 1850, one year, four months, and four days after his inauguration, and Mr. Fillmore filled out his term of office.

THE SEVENTEENTH ELECTION, 1852.

During the previous Presidential term the subject of slavery, and the strategy of politicians in favor of and against it, absorbed public attention. The repeal of the Missouri Compromise of 1820 opened the whole question, and a trial of strength as to which side should occupy the new territory, was prepared for. The crisis of preparation had not been reached when this election occurred, and comparatively little interest was taken in it.

The Democrats nominated Franklin Pierce for President, and Wm. R. King for Vice-President; the Whigs chose as their candidates Gen. Winfield Scott for President, and Wm. A. Graham for Vice-President.

Pierce and King received, of popular votes 1,590,490, of electoral, 254. Scott and Graham received, of popular votes, 1,378,589, of electoral, 42. Pierce’s majority, on popular vote, 211,901, on electoral, 212.

California had been admitted since the 16th election, and there were 31 States to vote in this.

This was the last election in which the Whig party nominated a candidate. The contest in regard to slave and free territory absorbing all the interest of the country, the parties were rearranged, those in favor of slavery, or wishing to leave that institution undisturbed, gathered to the Democratic party; while those wishing to actively oppose the extension of slavery to territory not yet occupied by it, united, under the name of the Republican party, the Whigs becoming extinct, as a party.

THE EIGHTEENTH ELECTION, 1856.

The Democrats nominated James Buchanan, and John C. Breckenridge for President and Vice-President; the Republicans, John C. Fremont and William L. Dayton. A third party, in favor of putting only native Americans in office, voted for Millard Fillmore and Andrew J. Donnelson. The result was the following:

Popular vote for Buchanan and Breckenridge 1,803,029, electoral, 174. Popular vote for Fremont and Dayton 1,342,164, electoral, 114. Popular vote for Fillmore and Donnelson, 874,625, electoral, 8.

Buchanan had only what is called a plurality popular vote; the two others united had a majority over him of 413,760 votes. A majority of electoral votes, however, was 149, and he received 174, and a majority of 52 electoral votes over the others united.

Only 31 States voted at this election. Mr. Buchanan was much blamed for not taking more vigorous measures to quench the secession movement that commenced in the last months of his administration. The contrast between his course and Jackson’s in 1832 was very marked.

THE NINETEENTH ELECTION, 1860.

The Republican party nominated Abraham Lincoln for President, and Hannibal Hamlin for Vice-President. The south, finding it impossible to uphold the slavery extension system against the growing Republican party, and the compromise that had protected that system having been laid aside in 1850, must submit to the gradual extinction of slavery, or withdraw from the Union. They chose the latter, and favored the division of the Democratic party, which was still much the largest, into several parts. Three tickets of that party were run, against one in the Republican, which assured the election of Lincoln.

The Northern Democrats voted mainly for Stephen A. Douglas and H. V. Johnson; the Southern Democrats for John C. Breckenridge and Joseph Lane; and those who wished to stop the contest on the slavery question altogether, on both sides, voted for John Bell and Edward Everett. The result was as follows:

The vote for Lincoln and Hamlin was 1,866,452, electoral 180 ” Douglas and Johnson 1,370,157, ” 72 ” Breckenridge and Lane 847,953, ” 39 ” Bell and Everett 590,631, ” 12

The three divisions of the Democrats together had a popular majority of 947,289 over the Republicans, but the latter had a majority of 57 electoral votes over all the others united.

Two new States had been admitted since the eighteenth election, Minnesota and Oregon, and there were 33 States voting. The census of 1860 gave the population as 31,148,048. All the votes cast at this election amounted to 4,680,193, the largest number by more than 500,000 that had ever been known. The Southern States seceded within a few months, and the Civil War began. It was remarkable as the most gigantic war of its kind, perhaps of any kind, known in history; and for the obstinate bravery and resolution displayed on both sides. It continued during this entire presidential term.

THE TWENTIETH ELECTION, 1864.

The election this year was confined to the States that had remained loyal to the Constitution and the Union. Eleven States had seceded.

The Republicans re-nominated Lincoln for President, with Andrew Johnson for Vice-President. The Democratic party nominated Gen. Geo. B. McClellan for President, and Geo. H. Pendleton for Vice-President. The result was as follows:

The popular vote for Lincoln and Johnson was 2,223,035 ” ” McClellan and Pendleton 1,811,754 --------- Lincoln’s popular majority 411,281

Electoral votes for Lincoln 212 ” ” McClellan 21 --- Lincoln’s electoral majority 191

The total number of popular votes was 4,034,789. Lincoln’s vote at this election was the largest that had ever been cast for one candidate, though there were less votes cast by all parties by 600,000 than in the nineteenth election. Two new States, Kansas and West Virginia, had been admitted since the previous election, which with the 11 in rebellion omitted, left 24 States voting.

The civil war closed with the submission of the seceded States to the general government soon after Lincoln’s re-inauguration; but he was assassinated about the same time, on the evening of April 13th, 1865, and died on the following day, leaving a nation in mourning, and the civilized world struck with horror. Andrew Johnson acted as President during the remainder of this term. Mr. Johnson’s administration was marked by the great difference in the policy of reconstructing the seceded States adopted by him and by the Congress, by the limitations which the latter threw around him, and the attempt to impeach him, which failed by a few votes.

THE TWENTY-FIRST ELECTION, 1868.

Gen. Ulysses S. Grant was nominated by the Republicans for President, and Schuyler Colfax for Vice-President.

The nominees of the Democratic party were Horatio Seymour and Francis P. Blair.

Grant’s popular majority was 309,588. Questions of reconstruction and finance were determined by this election, the people upholding the policy pursued by Congress since the close of the war.

THE TWENTY-SECOND ELECTION, 1872.

Grant was nominated by the Republican party for President, and Henry Wilson for Vice-President. The Democrats nominated Horace Greeley for President, and B. Gratz Brown for Vice-President. A second Democratic party had a ticket, nominating Chas. O’Connor and J. Q. Adams.

Grant’s popular majority was 762,991; and he received 218 electoral votes. 30 States gave him majorities, Pennsylvania reaching 137,000 majority in his favor. The whole popular vote at this election was 6,431,149. The colored people voted for the first time, under the amendment to the Constitution abolishing the distinction in citizenship in regard to color.

The elections are now held on the same day in all the States, by a general law. The number of States voting at the 22d election was thirty-seven. This election set a final seal on the policy of the Republican party, leaving the country free to turn its attention to other questions relating to its internal interests.

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XLV. CABINETS OF ALL THE PRESIDENTS

For convenience of reference we insert a list of the members of the Cabinet in each administration from 1789 down to 1874, to which is added the name of the Vice-President of each presidential term, though he is not a member of the Cabinet.

FIRST ADMINISTRATION, FROM 1789 TO 1797—7 YEARS, 10 MONTHS, AND 4 DAYS.

George Washington, Va., President. John Adams, Mass., Vice-President.

CABINET.

Thomas Jefferson, Va., Secretary of State. Edmund Randolph, Va., ” ” Timothy Pickering, Mass., ” ” Alexander Hamilton, N. Y., Secretary of the Treasury. Oliver Wolcott, Conn., ” ” Timothy Pickering, Mass., Secretary of War. James McHenry, Md., ” ” Henry Knox, Mass., ” ”

SECOND ADMINISTRATION, 1797 TO 1801—4 YEARS.

John Adams, Mass., President. Thomas Jefferson, Va., Vice-President.

CABINET.

Timothy Pickering, Mass., Secretary of State. John Marshall, Va., ” ” Oliver Wolcott, Ct., Secretary of the Treasury. Samuel Dexter, Mass., ” ” James McHenry, Md., Secretary of War. Samuel Dexter, Mass., ” ” Roger Griswold, ” ” George Cabot, Mass., Secretary of the Navy. Benjamin Stoddert, Md., ” ”

THIRD ADMINISTRATION, 1801 TO 1809—8 YEARS.

Thomas Jefferson, Va., President. Aaron Burr, N. Y., Vice-President. George Clinton, N. Y., ”

CABINET.

James Madison, Va., Secretary of State. Samuel Dexter, Mass., Secretary of the Treasury. Albert Gallatin, Pa., ” ” Henry Dearborn, Mass., Secretary of War. Benjamin Stoddert, Md., Secretary of the Navy. Robert Smith, Md., ” ”

FOURTH ADMINISTRATION, 1809 TO 1817—8 YEARS.

James Madison, Va., President. George Clinton, N. Y., Vice-President. Elbridge Gerry, Mass., ”

CABINET.

Robert Smith, Md., Secretary of State. James Monroe, Va., ” ” Albert Gallatin, Pa., Secretary of the Treasury. George W. Campbell, Tenn., ” ” Alexander J. Dallas, Pa., ” ” William Eustis, Mass., Secretary of War. John Armstrong, N. Y., ” ” James Monroe, Va., ” ” William H. Crawford, Ga., ” ” Paul Hamilton, S. C., Secretary of the Navy. William Jones, Pa., ” ” B. W. Crowninshield, Mass. ” ”

FIFTH ADMINISTRATION, 1817 TO 1825—8 YEARS.

James Monroe, Va., President. Daniel D. Tompkins, N. Y., Vice-President.

CABINET.

John Q. Adams, Mass., Secretary of State. William H. Crawford, Ga., Secretary of the Treasury. Isaac Shelby, Ky., Secretary of War. John C. Calhoun, S. C., ” ” B. W. Crowninshield, Mass., Secretary of the Navy. Smith Thompson, N. Y., ” ” Samuel L. Southard, N. J., ” ”

SIXTH ADMINISTRATION, 1825 TO 1829—4 YEARS.

John Q. Adams, Mass., President. John C. Calhoun, S. C., Vice-President.

CABINET.

Henry Clay, Ky., Secretary of State. Richard Rush, Pa., Secretary of the Treasury. James Barbour, Va., Secretary of War. Peter B. Porter, N. Y., ” ” Samuel L. Southard, N. J., Secretary of the Navy.

SEVENTH ADMINISTRATION, 1829 TO 1837—8 YEARS.

Andrew Jackson, Tenn., President. John C. Calhoun, S. C., Vice-President. Martin Van Buren, N. Y., ”

CABINET.

Martin Van Buren, N. Y., Secretary of State. Edward Livingston, La., ” ” Louis McLane, Del., ” ” John Forsyth, Geo., ” ” Samuel D. Ingham, Pa., Secretary of the Treasury. Louis McLane, Del., ” ” William J. Duane, Pa., ” ” Roger B. Taney, Md., ” ” Levi Woodbury, N. H., ” ” John H. Eaton, Tenn., Secretary of War. Lewis Cass, Mich., ” ” Benjamin F. Butler, N. Y., ” ” John Branch, N. C., Secretary of the Navy. Levi Woodbury, N. H., ” ” Mahlon Dickerson, N. J., ” ”

POSTMASTERS GENERAL,

And for the first time considered members of the Cabinet,

John McLean, O. William F. Barry, Ky. Amos Kendall, Ky.

EIGHTH ADMINISTRATION, 1837 TO 1841—4 YEARS.

Martin Van Buren, N. Y., President. Richard M. Johnson, Ky., Vice-President.

CABINET.

John Forsyth, Geo., Secretary of State. Levi Woodbury, N. H., Secretary of the Treasury. Joel R. Poinsett, S. C., Secretary of War. Mahlon Dickerson, N. J., Secretary of the Navy. James K. Paulding, N. Y., ” ” Amos Kendall, Ky., Postmaster General. John M. Niles, Ct., ” ”

NINTH ADMINISTRATION, MARCH 4, 1841, TO APRIL 4, 1841.

William Henry Harrison, O., President. John Tyler, Va., Vice-President.

CABINET.

Daniel Webster, Mass., Secretary of State. Thomas Ewing, O., Secretary of the Treasury. John Bell, Tenn., Secretary of War. George E. Badger, N. C., Secretary of the Navy. Gideon Granger, N. Y., Postmaster General.

TENTH ADMINISTRATION, APRIL 6, 1841, TO MARCH 4, 1845.

John Tyler, Va., (acting) President, by death of Harrison.

CABINET.

Daniel Webster, Mass., Secretary of State. Abel P. Upshur, Va., ” ” John C. Calhoun, S. C., ” ” Thomas Ewing, O., Secretary of the Treasury. Walter Forward, Pa., ” ” John C. Spencer, N. Y., ” ” George M. Bibb, Ky., ” ” John Bell, Tenn., Secretary of War. John C. Spencer, N. Y., ” ” James M. Porter, Pa., ” ” William Wilkins, Pa., ” ” George E. Badger, N. C., Secretary of the Navy. Abel P. Upshur, Va., ” ” David Henshaw, Mass., ” ” G. W. Gilmer, Va., ” ” John Y. Mason, Va., ” ” Hugh S. Legaré, S. C., Attorney-General. John Nelson, Md., ” ” Francis G. Granger, N. Y., Postmaster General. Charles A. Wickliffe, Ky., ” ”

ELEVENTH ADMINISTRATION, MARCH 4, 1845, TO MARCH 4, 1849.—4 YEARS.

James K. Polk, Tenn., President. George M. Dallas, Pa., Vice-President.

CABINET.

James Buchanan, Pa., Secretary of State. Robert J. Walker, Miss., Secretary of the Treasury. William L. Marcy, N. Y., Secretary of War. George Bancroft, Mass., Secretary of the Navy. John Y. Mason, Va., ” ” Cave Johnson, Tenn., Postmaster General. John Y. Mason, Va., Attorney General. Nathan Clifford, Me., ” ” Isaac Toucey, Ct., ” ”

TWELFTH ADMINISTRATION, MARCH 4, 1849, TO JULY 10, 1850—1 YEAR AND 4 MONTHS.

Zachary Taylor, La., President. Millard Fillmore, N. Y., Vice-President.

CABINET.

John M. Clayton, Del., Secretary of State. George W. Crawford, Geo., Secretary of War. William M. Meredith, Pa., Secretary of the Treasury. William B. Preston, Va., Secretary of the Navy. Thomas Ewing, Ohio, Secretary of the Interior. Jacob Collamer, Vt., Postmaster General. Reverdy Johnson, Md., Attorney General.

THIRTEENTH ADMINISTRATION, JULY 10, 1850, TO MARCH 4, 1853.—2 YEARS AND 8 MONTHS.

Millard Fillmore, (acting) President by death of Taylor. No Vice-President.

CABINET.

Daniel Webster, Mass., Secretary of State. Thomas Corwin, Ohio, Secretary of the Treasury. Charles M. Conrad, La., Secretary of War. William A. Graham, N. C., Secretary of the Navy. Alexander H. H. Stuart, Va., Secretary of the Interior. Nathan K. Hall, N. Y., Postmaster General. John J. Crittenden, Ky., Attorney General.

FOURTEENTH ADMINISTRATION, MARCH 4, 1853, TO MARCH 4, 1857.

Franklin Pierce, N. H., President.

William R. King, of Ala., who was elected Vice-President with Mr. Pierce, but died before he took his seat, and there was no Vice-President during Pierce’s administration.

CABINET.

William L. Marcy, N. Y., Secretary of State. James Guthrie, Ky., Secretary of the Treasury. Jefferson Davis, Miss., Secretary of War. J. C. Dobbin, N. C., Secretary of the Navy. Robert McClelland, Mich., Secretary of the Interior. James Campbell, Pa., Postmaster General. Caleb Cushing, Mass., Attorney General.

FIFTEENTH ADMINISTRATION, MARCH 4, 1857, TO MARCH 4, 1861.

James Buchanan, Pa., President. John C. Breckenridge, Vice-President.

CABINET.

Lewis Cass, Mich., and Jeremiah S. Black, Pa., Secretaries of State. Howell Cobb, Ga., Philip F. Thomas, and John A. Dix, N. Y., Secretaries of the Treasury. John B. Floyd, Va., and Joseph Holt, Ky., Secretaries of War. Isaac Toucey, Ct., Secretary of the Navy. Jacob Thompson, Miss., Secretary of the Interior. Aaron V. Brown, Tenn., Joseph Holt, Ky., and Horatio King, Postmasters General. Jeremiah S. Black, Pa., and Edwin M. Stanton, Pa., Attorneys General.

SIXTEENTH ADMINISTRATION, MARCH 4, 1861, TO APRIL 14, 1865,—4 YEARS, 1 MONTH, AND 10 DAYS.

Abraham Lincoln, Ill., President. Hannibal Hamlin, Me., Vice-President, first term, and Andrew Johnson, Tenn., Vice-President, second term.

CABINET.

William H. Seward, N. Y., Secretary of State. Salmon P. Chase, Ohio, William P. Fessenden, Me., Hugh McCulloch, Ind., Secretaries of the Treasury. Simon Cameron, Pa., Edwin M. Stanton, Pa., Secretaries of War. Gideon Welles, Conn., Secretary of the Navy. John P. Usher, Ind., Secretary of the Interior. Montgomery Blair, Md., William Dennison, O., Postmasters General. Edward Bates, Mo., James Speed, Ky., Attorneys General.

SEVENTEENTH ADMINISTRATION, APRIL 15, 1865, TO MARCH 4, 1869.

Andrew Johnson, acting President. No Vice-President.

CABINET.

William H. Seward, N. Y., Secretary of State. Hugh McCulloch, Ind., Secretary of the Treasury. Edwin M. Stanton, Pa., Ulysses S. Grant, Ill., and J. M. Schofield, Secretaries of War. Gideon Welles, Conn., Secretary of the Navy. James Harlan, Iowa, Orville H. Browning, Ill., Secretaries of the Interior. James Speed, Ky., Henry Stanbery, Ohio, William M. Evarts, N. Y., Attorneys General. William Dennison, Ohio, Alexander W. Randall, Wis., Postmasters General.

EIGHTEENTH ADMINISTRATION, MARCH 4, 1869, TO MARCH 4, 1873.

Ulysses S. Grant, Ill., President. Schuyler Colfax, Ind., Vice-President.

CABINET.

Elihu B. Washburne, Ill., Secretary of State. Hamilton Fish, N. Y., ” ” George S. Boutwell, Mass., Secretary of the Treasury. John A. Rawlins, Secretary of War. William T. Sherman, ” ” William W. Belknap, ” ” Adolph E. Borie, Pa., Secretary of the Navy. George M. Robeson, N. J., ” ” Jacob D. Cox, Ohio, Secretary of the Interior. Columbus Delano, O., ” ” J. A. J. Creswell, Md., Postmaster General. Eben Rockwood Hoar, Mass., Attorney General. Amos T. Akerman, Ga., ” ”

NINETEENTH ADMINISTRATION, MARCH 4, 1873, TO MARCH 4, 1877.

Ulysses S. Grant, Ill., President. Henry Wilson, Mass., Vice-President.

CABINET.

Hamilton Fish, N. Y., Secretary of State. W. A. Richardson, Ill., Secretary of the Treasury. B. H. Bristow, Ky., ” ” W. W. Belknap, Iowa, Secretary of War. George M. Robeson, N. J., Secretary of the Navy. Columbus Delano, Ohio, Secretary of the Interior. J. A. J. Creswell, Md., Postmaster General. Marshall Jewell, Conn., ” ” George H. Williams, Oregon, Attorney General. Edward Pierrepont, N. Y., ” ”

UNITED STATES GOVERNMENT. 1875.

THE EXECUTIVE.

ULYSSES S. GRANT, of Illinois, _President of the United States_ Salary $50,000 HENRY WILSON, of Massachusetts, _Vice-President of the United States_, ” 10,000

THE CABINET.

HAMILTON FISH, of New York, Secretary of State Salary $10,000 B. H. BRISTOW, of Kentucky, Secretary of the Treasury ” 10,000 WILLIAM W. BELKNAP, of Iowa, Secretary of War ” 10,000 GEORGE M. ROBESON, of New Jersey, Secretary of the Navy ” 10,000 COLUMBUS DELANO, of Ohio, Secretary of the Interior ” 10,000 EDWARD PIERREPONT, of New York, Attorney-General ” 10,000 MARSHALL JEWELL, of Connecticut, Postmaster-General ” 10,000

THE JUDICIARY.

SUPREME COURT OF THE UNITED STATES.

MORRISON R. WAITE, Chief Justice Salary $10,500 NATHAN CLIFFORD, of Me., Associate Justice. NOAH H. SWAYNE, of Ohio, ” SAMUEL F. MILLER, of Iowa, ” DAVID DAVIS, of Illinois, ” STEPHEN J. FIELD, of Cal., ” WILLIAM M. STRONG, of Pa., ” JOSEPH P. BRADLEY, of N.J., ” WARD HUNT, of New York, ”

Salary of Associates $10,000. Court meets first Monday in December, at Washington.

MINISTERS TO FOREIGN COUNTRIES

COUNTRY. CAPITAL. MINISTERS. SALARY. APP’T’D.

ENVOYS EXTRAORDINARY AND MINISTERS PLENIPOTENTIARY.

Austria Vienna Hon. Godlove S. Orth, Ind. $12,000 1868 Brazil Rio Janeiro James R. Partridge, Md. 12,000 1871 Chili Santiago Cornelius A. Logan, Kansas 10,000 1873 China Pekin Frederick F. Low, Cal. 12,000 1869 France Paris Elihu B. Washburne, Ill. 17,500 1869 Great Britain London Robert C. Schenck, Ohio 17,500 1870 Italy Rome George P. Marsh, Vt. 12,000 1861 Mexico Mexico John W. Foster, Indiana 12,000 1878 Peru Lima Francis Thomas, Md. 10,000 1872 Germany Berlin J. C. Bancroft Davis, 17,500 1867 Russia St. Petersburgh George H. Boker, Pa. 17,500 1873 Spain Madrid Caleb Cushing, Mass. 12,000 1874

MINISTERS RESIDENT.

Argentine Republic Buenos Ayres Julius White, Ill. 7,500 1872 Belgium Brussels J. R. Jones, Ill. 7,500 1869 Bolivia La Paz John T. Croxton, Ky. 7,500 1872 Central Amer. States San Jose George Williamson, La. 10,000 1873 Denmark Copenhagen M. J. Cramer, Ky. 7,500 1870 Ecuador Quito E. Rumsey Wing, Ky. 7,500 1870 Greece Athens J. Meredith Read, Pa. 7,500 1873 Hawaiian Islands Honolulu Henry A. Pierce, Mass. 7,500 1869 Japan Yeddo John A. Bingham, Ohio 12,000 1873 Netherlands Hague Charles T. Gorham, Mich. 7,500 1870 Portugal Lisbon Benjamin Moran, Va. 7,500 1870 Sweden and Norway Stockholm C. C. Andrews, Minn. 7,500 1869 Switzerland Berne Horace Rublee, Wis. 7,500 1869 Turkey Constantinople Hon. Horace Maynard, Tenn. 7,500 1870 Uruguay & Paraguay Montevideo John L. Stevens, Me. 10,000 1871 U.S. of Colombia Bogota William L. Scruggs, Ga. 7,500 1873 Venezuela Caracas William A. Pile, Mo. 7,500 1871

MINISTERS RESIDENT AND CONSULS GENERAL.

Hayti Port-au-Prince E. D. Bassett, Pa. 7,500 1869 Liberia Monrovia J. Milton Turner, Mo. 4,000 1871

LEGISLATIVE DEPARTMENT.

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XLVI. CONGRESS

1. All government consists of three steps, series, or departments. It has a Rule by which its action is governed; and this embraces the general principles guiding all action, as well as the special rules of conduct in regard to limited classes of actions—the next step in the series is the action demanded to put its rules in actual force—to apply them—the third is, to determine the application of the rule when supposed to be violated, and the agreement of the special rule with the general principle. That is to say, government is divided into the Legislative, or law making power; the Executive, or law enforcing power; and the Judicial, or law discriminating, or judging, power.

2. In some governments all these are in the same hands, and this produces a Despotism. In others they are variously divided or mixed. In our country the separation between them is made as distinct as possible. The People are regarded as the source or fountain of Power. The Constitution represents, in its general Principles or Rules, the Will and purposes of the People; and outside of the principles or regulations of this instrument no legislation is valid. The Constitution, emanating from the people, defines the boundary of all the Departments. Congress is the law-making power, enacting within the prescribed limits. The Judiciary takes care that these limits are not overstepped by legislative enactments, or executive action. The executive power, or the President, is the concentrated force, the vigorous Arm, of the government.

It is Congress, the Legislative Authority, that we have now to consider.

3. The National Congress is a body of men representing, and acting in the place of, the people. They are elected by the people to enact laws for the public good—to do all—and no more nor less—than the people would do, if it were possible for them to assemble in one great body and make the laws by which they wish to be governed.

It was constituted as wisely, to guard against the errors to which humanity is liable, as the experience of the past permitted to the thoughtful and patriotic statesmen who had charge of the organization of the government, when the successful termination of the War of Independence left the interests of a new Nation in their hands. England, from which they had mostly sprung, and which governed them until that period, was in possession of the freest and most enlightened government of those times, in the Old World; and they copied from her institutions and general structure what they judged adapted to our circumstances; prudently avoiding untried experiments, as far as possible.

4. Congress, like the English Parliament, consists of two Houses, one, the House of Representatives, (answering to the English House of Commons) being directly elected, for a short term, by the people, so as to express their views and interests as clearly as possible; the other, the Senate, (answering partially to the English House of Lords) appointed by the State Legislatures for a longer term, and from among statesmen of acknowledged ability and mature character and experience. This was expected to supply the necessary check to hasty and ill considered action, as they were required to mutually agree on all laws enacted.

5. Both are required to assemble, at the same time, in the Capitol at Washington, on the first Monday in December of each year. This is the regular session—extra sessions being occasionally called by the President when unusual circumstances demand it.

The members of the House of Representatives are elected for two years, the members of the Senate for six. As the first contains by far the largest number, a Congress is said to exist for two years, and the 20th Congress would be the one existing during the 40th and 41st years of the Republic, dating from the first Congress in 1789.

THE SENATE

6. Is composed of two persons, chosen by the legislature of each State, to represent it as a whole. It makes no difference whether the State be large or small, whether population counts by the million or the thousand. The States are sovereign in their sphere, and this constitution of the Senate keeps that fact in view, operates against undue centralization of power, and oppression of the smaller States by the larger.

7. A Senator must be thirty years of age, must have been nine years a citizen, (he may have been born in a foreign State, and a citizen of it previously,) and must be a citizen of the State—(a voter in it) at the time of appointment. He is appointed for six years. The Senate is arranged in three classes so that the terms of one-third of the whole number shall expire every two years. They may be re-elected as often as the State legislatures choose. In one case, a Senator was continued thirty years in the Senate, without intermission. It has equal legislative power with the House of Representatives, except that it cannot originate laws for raising money, but it must approve and adopt all laws made by the House to render them valid. It has some powers that do not belong to the House. It confirms or rejects the nominations of the President, to office, and the treaties he makes with foreign powers, and is the only High Court of Impeachment.

8. When the Senate meets to consider the nominations of the President to office, it is called an Executive Session, and only a majority of votes is required to approve or confirm them; but when a treaty is to be ratified, or judgment given in a case of impeachment, a vote of two-thirds of the members present is required.

The Vice-President of the United States is the presiding officer of the Senate; but in case of a vacancy in that office, when he is acting as President, or if he be absent, it chooses a president from its own members.

THE HOUSE OF REPRESENTATIVES

9. Is composed of persons elected by the people in the various States, in proportion to the number of inhabitants. A Representative is elected for a term of two years. He must be twenty-five years of age, must have been a citizen of the United States seven years, and must be a citizen of the State he represents. This is often called the “Lower House,” or popular branch of the National Legislature, as the Senate is sometimes called the “Upper House,” because it is more select, and greater in dignity.

10. The House of Representatives has the sole power of presenting articles of Impeachment, and it alone can originate laws for raising revenue. A larger part of the laws are actually originated in it, because it is more numerous, its members better known to the people whom they immediately represent, and the people are better acquainted with them; and more petitions for particular laws are sent to them. Each representative is voted for by the people of his Congressional District alone, and not by all the people of each State; and he specially represents the views and wants of his District.

In each branch of Congress, when a Bill, or plan of a law, has been passed, it is sent to the other House, where it is referred to a Committee who examine it, and report on it to the House; by which it is discussed and adopted, amended, or rejected according to its judgment, and returned to the House in which it originated. By this method every law is meant to be subjected to a careful and cool investigation, its defects discovered and corrected, and its appropriateness clearly made manifest. Whoever will examine, with care and thoroughness the whole structure of our government will everywhere discover traces of the same wisdom and watchful foresight. He will see reason for more admiration of the prudent statesmanship of those who organized our institutions, and feel less surprised at the wonderful prosperity of the country, and at the strength of the government when subjected to the severest trial. Everything human is more or less imperfect, and we shall never be without subjects of complaint, and opportunities for improvement; but every American, well informed concerning his own and foreign governments, will discover many weighty reasons for self-congratulation and pride that our first statesmen and people were so wise and prudent in laying the foundation, and that their successors have built on it with so much skill.

11. The presiding officer in the House of Representatives is called “The Speaker,” and is chosen by the House, at the beginning of each Congress. He serves during its two years of existence. The Clerk of the House and its minor officers are chosen by its members—and each House makes its own rules, or Parliamentary Laws. The term Congress properly covers both branches of the National Legislature; but, by custom, the members of the upper house are called Senators, and those of the lower Members of Congress, (commonly abbreviated to M. C.)

12. The Compensation of Members of Congress was originally fixed at eight dollars a day, but has, of late years, been several times changed. In 1856 it was made $3,000 per session, or $6,000 for a Congress of two years. In 1866 it was increased to $5,000 per session, and, in 1873 to $7,500 per session, the Speaker of the House, and the President of the Senate, by this last law, receiving $10,000 per year; but it produced so much dissatisfaction among the people that the law was changed at the following session, and they now receive $5,000 per annum.

13. The members of each house receive the same compensation. Mileage is allowed them in addition to the salary. This has been forty cents per mile, by the usual routes between the members residence and Washington. In 1865 it was reduced to twenty cents per mile, which still seems more adapted to the days of stages and slow traveling than to the modern improvements in rapidity and cheapness. They formerly enjoyed the franking privilege, so called, i. e.: they could send letters and documents through the mails free. This was abolished in 1873, and they now pay their postage, the same as other people.

14. The first Congress under the Constitution met in New York City, where two sessions were held, when it was removed to Philadelphia. It remained there until 1800, when Washington became the capital. The Capitol there, in which Congress meets, is one of the largest buildings in the world; and the offices for the different executive Departments are immense structures. In 1874 there were 37 States and therefore 74 Senators. The number of Representatives was fixed by a law of March, 1873, at 292, at which number it will remain until the next census in 1880.

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XLVII. CONGRESSIONAL DISTRICTS—CONGRESSMEN

1. Each State is entitled to a number of Representatives in Congress proportioned to its inhabitants; but, instead of counting the whole number together, and leaving all the people in the State to vote for all the representatives of their State, it is divided into districts, each containing the prescribed number entitled to representation. The voters, then, in each district, select or nominate the men they wish to vote for—and thus they find it easy to send men they know and on whom they can rely to secure their interests. Besides, it is more convenient for them to meet and ascertain by consultation who would be most acceptable to the majority of those interested. Each Member of Congress, therefore, is chosen by a single district. The districting of States is done by their State Legislatures.

2. Sometimes a State is admitted into the Union before it has as many inhabitants as the law requires to one Congressman, in which case the law is relaxed, and they are permitted at least one Representative. Contiguous counties or towns are set apart in this way and numbered as 1st, 2nd, 3rd, &c., Congressional District. In large cities as many wards, lying together, as include the requisite number, are erected into Districts. In case the number of Congressmen allotted to a State is larger than the number of districts, those in excess are voted for by the State at large. They are arranged as soon as possible after every census, so that this does not often occur. In the Western States the number continually increases and changes must be made after each census. By this means the balance of power gradually follows the emigration from East to West.

CONGRESSMEN.

3. We have already remarked, in the chapter on Congress that, though the term Congressman properly applies to the members of both Houses, it is by common usage, confined to members of the lower House, those of the upper House being distinguished as Senators, so that the abbreviation M. C. (Member of Congress) is understood to specify a Representative.

4. These are the only members of any branch of the government who are chosen and elected directly by the people, and we may see herein the propriety of their having the control of all enactments for raising money, this being a point of vital interest to the people. The short term assigned them, (two years,) and their election by Districts, enables the people to interfere very soon if their purse strings are drawn too widely open—a very satisfactory reflection to the economical. Any citizen, whether native or foreign born, may become a Member of Congress, if he can obtain the consent of the voters in his district; but he must have been a citizen during the previous seven years. It is an office of dignity and responsibility, and the welfare of the country depends on the wisdom of the people in their choice.

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XLVIII. CONGRESSIONAL LIBRARY

1. In the capitol there is a large library, consisting of two parts; one part called the Congressional library, the other, the law library. The latter is made a part of the former by an act of Congress. Both are subject to the same laws and rules, and both are supported by appropriations made by Congress.

This institution, called as a whole, “The Congressional Library,” contains the works supposed to be useful to legislators, but is not confined to their use alone. Its use has been extended to the judges of the Supreme Court; to all the heads of departments; to the Attorney General; to all the members of the diplomatic corps, (foreign ministers); to the secretary of the Senate; to the clerk of the House of Representatives, to the chaplains of Congress, to all ex-Presidents, and to the solicitor of the Treasury.

2. It has a librarian, appointed by the President and Senate, who is allowed to appoint two assistants. No book or map is allowed to be taken out of the library by any person, except the President, Vice-President, members of the Senate and of the House of Representatives.

People in general, who are interested to do so, may obtain information from the books and records when properly authorized, under such restrictions as the circumstances require.

3. Here are kept all the laws which have ever been enacted by Congress, together with a record of all its proceedings, the laws of all the different States, with many of those of foreign countries; also a large collection of books on promiscuous subjects, useful to Members of Congress and to those who have to administer the government. No where else can so complete a history of the acts and proceedings of the government be found, as in the Congressional library at Washington.

This institution dates back to the year 1800, when an act was passed making the first appropriation of $5,000 for its establishment. The books purchased with this $5,000, with those belonging to both Houses, were placed together, and thus this library was commenced.

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XLIX. COPYRIGHTS

A Copyright is an exclusive privilege given to any citizen, or resident in the United States to print, publish, or sell any book, map, chart, engraving, or musical composition of which he or she is the author or proprietor. This right is given by the laws of Congress. No State can give it. The object is to encourage authors, and to compensate them for their labors, which they could not be sure of obtaining if any one might publish and sell their productions. A copyright conveys all the rights of ownership, and may be bought and sold like other property.

DIRECTIONS FOR SECURING COPYRIGHTS UNDER THE REVISED ACT OF CONGRESS, WHICH TOOK EFFECT JULY 8, 1870.

1. A printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or a description of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which copyright is desired, must be sent by mail, prepaid, addressed, “Librarian of Congress, Washington, D. C.” This must be done before publication of the book or other article.

2. A fee of 50 cents, for recording the title of each book or other article, must be inclosed with the title as above, and 50 cents in addition (or $1 in all) for each certificate of copyright under the seal of the Librarian of Congress, which will be transmitted by return mail.

3. Within ten days after publication of each book or other article, two complete copies of the best edition issued must be sent, to perfect the copyright, with the address

LIBRARIAN OF CONGRESS, WASHINGTON, D. C.

It is optional with those sending books and other articles to perfect copyright, to send them by mail or express; but, in either case, the charges are to be prepaid by the senders. Without the deposit of copies above required, the copyright is void, and a penalty of $25 is incurred. No copy is required to be deposited elsewhere.

4. No copyright hereafter issued is valid unless notice is given by inserting in every copy published, on the title page or the page following, if it be a book; or, if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected as a work of the fine arts, by inscribing upon some portion of the face or front thereof, or on the face of the substance on which the same is mounted, the following words, viz.: _Entered according to act of Congress, in the year ____, by ____, in the office of the Librarian of Congress, at Washington._

The law imposes a penalty of $100 upon any person who has not obtained copyright who shall insert the notice “Entered according to act of Congress,” etc., or words of the same import, in or upon any book or other article.

5. Any author may reserve the right to translate or dramatize his own work. In this case notice should be given by printing the words, Right of translation reserved; or, All rights reserved, below the notice of copyright entry, and notifying the Librarian of Congress of such reservation, to be entered upon the record.

6. Each copyright secures the exclusive right of publishing the book or article copyrighted for a term of twenty-eight years. At the end of that time, the author or designer, or his widow or children, may secure a renewal for the further term of fourteen years, making forty-two years in all. Applications for renewal must be accompanied by explicit statement of ownership in the case of the author, or of relationship in the case of his heirs, and must state definitely the date and place of entry of the original copyright.

7. The time within which any work copyrighted may be issued from the press is not limited by any law or regulation, but depends upon the discretion of the proprietor. A copyright may be secured for a projected work as well as for a completed one.

8. Any copyright is assignable in law by any instrument of writing, but such assignment must be recorded in the office of the Librarian of Congress within sixty days from its date. The fee for this record is fifteen cents for every 100 words, and ten cents for every 100 words for a copy of the record of assignment.

9. A copy of the record (or duplicate certificate) of any copyright entry will be furnished under seal, at the rate of fifty cent each.

10. In the case of books published in more than one volume, if issued or sold separately, or of periodicals published in numbers, or of engravings, photographs, or other articles published with variations, a copyright is to be taken out for each volume of a book, or number of a periodical, or variety, as to size or inscription, of any other article.

11. To secure a copyright for a painting, statue, or model or design intended to be perfected as a work of the fine arts, so as to prevent infringement by copying, engraving, or vending such design, a definite description must accompany the application for copyright, and a photograph of the same, at least as large as “cabinet size,” must be mailed to the Librarian of Congress within ten days from the completion of the work.

12. Every applicant for a copyright must state distinctly the name and residence of the claimant, and whether the right is claimed as author, designer, or proprietor. No affidavit or formal application is required.

Up to 1849 the Secretary of State had the care of issuing copyrights. It was then assigned to the newly created Department of the Interior, and so remained until 1870, when it was transferred to the Librarian of Congress.

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L. PRESIDING OFFICERS OF CONGRESS

1. These are the President of the Senate and the Speaker of the House of Representatives. The latter is chosen by ballot of the Members of the House. As this position gives him considerable influence over the course of legislation the party having a majority in the House are careful to select one on whose sympathy with their views and aims they can rely. When there is nearly or quite a balance of parties, it becomes an important and difficult matter to adjust; and has, in some instances, required a long struggle to elect the Speaker. The result, in such a case, usually determines which shall control the general legislation of that Congress.

2. The President of the Senate, under ordinary circumstances, is determined by the Constitution, that instrument devolving the office on the Vice-President. It is the only active duty assigned him while the President is in condition to perform the duties belonging to that office. It seems to befit his relations, being the highest honorary place in the government below that of President, subjects him to no superior, and, from the part the Senate takes in the responsibilities of the President, makes him acquainted with the general conduct of affairs; which may be an important advantage to him should he be called to act as President. In the latter case, and in case of the decease, resignation, or disability of the Vice-President, the Senate proceeds to elect its President in the same way as in the House of Representatives, i. e.: by ballot, for a candidate among its own members.

3. Their duties are to open every sitting of their respective Houses by calling the members to order at the appointed time, on the appearance of a quorum to cause the journal of the preceding day to be read, to preserve order and decorum during the deliberations, to decide questions of order that may arise, (from which an appeal may be taken to the House, at the instance of any two members,) to formally state, and call for the votes on, a question to be decided, and to declare the result of the same after the vote has been taken.

This is the regular routine duty of a presiding officer. They, as the recognized Heads of their respective Houses, have the general oversight of its interests, and a general control of the conduct of its business. They examine the Journal to see that it is correct, may order the galleries and lobby to be cleared in case of any disturbance by spectators, and have general control over the unoccupied rooms in the capitol belonging to their respective Houses. They are required to sign all acts, addresses, and joint resolutions, and appoint the members of all committees whose appointment is not specially directed by the House to be otherwise made. In all cases of ballot the Speaker of the House must vote; but he is not required to vote in other cases unless there is a tie, (an equal number for and against,) when he must give the casting vote. The President of the Senate may vote only in case of a tie.

When the House of Representatives goes into Committee of the Whole, the Speaker leaves the chair, but appoints a chairman to preside for the time being; and when the President of the United States is impeached before the Senate the Chief Justice of the Supreme Court presides.

4. Their duties are very distinctly defined in the rules adopted by each House for their guidance, but many opportunities for exerting great influence often arise, and many cases requiring great tact and judgment and an intimate knowledge of Parliamentary Law. They receive a much larger salary than ordinary Members of Congress.

The following are the names of all the Speakers of the House of Representatives. A list of Vice-Presidents is given in the chapter devoted to that officer.

Frederick A. Muhlenburgh, Penn., 1789 to 1791 Jonathan Trumbull, Conn., 1791 ” 1793 Frederick A. Muhlenburgh, Penn., 1793 ” 1797 Jonathan Dayton, N. J., 1797 ” 1798 Theodore Sedgwick, Mass., 1798 ” 1801 Nathaniel Macon, N. C., 1801 ” 1807 Joseph B. Varnum, Mass. 1807 ” 1811 Henry Clay, Ky., 1811 ” 1814 Langdon Cheeves, S. C., 1814 ” 1815 Henry Clay, Ky., 1815 ” 1820 John W. Taylor, N. Y., 1820 ” 1821 Philip P. Barbour, Va., 1821 ” 1823 Henry Clay, Ky., 1823 ” 1825 John W. Taylor, N. Y., 1825 ” 1827 Andrew Stevenson, Va., 1827 ” 1835 John Bell, Tenn., 1835 ” 1837 James K. Polk, Tenn., 1837 ” 1839 Robert M. T. Hunter, Va., 1839 ” 1841 John White, Ky., 1841 ” 1843 John W. Jones, Va., 1843 ” 1845 John W. Davis, Ind., 1845 ” 1847 Robert C. Winthrop, Mass., 1847 ” 1849 Howell Cobb, Ga., 1849 ” 1851 Lynn Boyd, Ky., 1851 ” 1856 Nathaniel P. Banks, Mass., 1856 ” 1858 James L. Orr, S. C., 1858 ” 1859 William Pennington, N. J., 1860 ” 1861 Galusha A. Grow, Penn., 1861 ” 1863 Schuyler Colfax, Ind., 1864 ” 1869 James G. Blaine, Me., 1869 ” 1873 ” 1873 ” 1875

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LI. SUBORDINATE OFFICERS OF CONGRESS

1. The Secretary of the Senate and Clerk of the House of Representatives, are the officers next in rank in the two bodies forming Congress. They are appointed by vote of their respective Houses. They are not necessarily selected from among the members of the Senate or House, as is the custom in case of the presiding officers, but may be chosen by the members at will.

2. Their chief duties are in connection with a record or journal of the proceedings of their respective Houses. This is an official and correct account of all the transactions of each body, is examined by the presiding officer, and read before the members for criticism and approval. They cause this journal to be printed and a copy be delivered to each member at the commencement of every session of Congress, as also to the Executive and to each branch of the Legislature of every State. So also they arrange, cause to be printed, and distribute to the members all the current documents of each House that may be useful to them in the discharge of their duties, as often as the case requires. All contracts for furnishing anything required by Congress, or for any labor done for it, are made with, or approved by, the Clerk of the House and Secretary of the Senate.

3. They act also as treasurers of the special, or contingent funds of Congress, from which payments are made on their order, after the accounts, on which the order is based, are approved by the Committee of Accounts; and give bonds in a large sum for the faithful use of these funds, making a detailed report of all expenditures.

THE SERGEANT-AT-ARMS

4. Is a kind of police and executive officer, who aids or acts under the direction of the presiding officer in keeping order, and executes the commands of Congress. All arrests ordered by Congress are made by him or his deputies, and all legal processes served by him. He bears a mace as the symbol of his office when on duty. He keeps the accounts of the pay and mileage of the members of Congress, prepares checks, and draws and pays the money to them.

5. The other officers are a Doorkeeper—whose business it is to see that only the proper persons gain admission to the sessions of Congress, and watches over, and is responsible for, the furniture contained in the rooms of the capitol placed in his charge—and a postmaster, whose business it is to superintend a postoffice kept in the capitol for the accommodation of members of Congress. Various clerks, deputies, and messengers are employed under most of these officers, to aid them in the discharge of their duties.

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LII. CONGRESS AT WORK

1. Congress is required by the Constitution to assemble on the first Monday in December of each year. It may, by a law duly made to that effect, change that time, but no permanent change has ever been made. As soon after that time as a quorum of its members, which the Constitution declares shall be a majority of each House, has assembled each House proceeds to the election of officers (which, however, is done only every other year,) and the arrangement of its committees, and it is ready for work.

2. As soon as the organization is ascertained to be complete the other House of Congress and the President are informed of the fact, after which propositions, or bills as they are called, of new laws, or repeals or revisals of old ones are entertained. Of these there is never any lack. They are taken up in regular order, referred to an appropriate committee for examination, a report is in due time made by the committee, discussed at such length as the members see cause for, in a regular manner, and finally are voted on. Sometimes, if the members are not satisfied with the information presented on some point or points, they return them to the committee with instructions to investigate further, and make another report; sometimes they “lay them on the table,” that is, put them aside for future action; or they accept, amend, or change them to meet their views, and then accept or reject them altogether.

3. When a bill has reached a vote and been accepted by the House in which it originated, it is sent to the other House, by which it is taken up, referred to a committee, usually passing through substantially the same course and form of consideration as in the first case, laid aside, amended, accepted or rejected according to circumstances, and returned to the former House. If it is accepted by both they then send it to the President, who carefully considers it. If it meets his approbation, he signs and returns it to Congress, and it becomes the Law of the Land, and all to whom it refers are bound to obey it, it being the duty of the President to see that it is enforced. It is called an “Act of Congress,” because it is the proper exercise of its law making authority, and because all such laws are preceded by the clause, “Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled.”

4. If the President does not think it a suitable law, and is unwilling to assume the responsibility of signing it, he returns it to Congress, with his reasons for not doing so. If Congress is not satisfied with these reasons it may take another vote on it, and if the members in its favor amount to two-thirds of each House, it becomes a law without the signature of the President. This power of the President to decline to sign a law of Congress is called his “Veto.” Sometimes it is carried over the veto, and sometimes it fails for lack of the requisite number in its favor.

5. The larger part of Congressional laws are passed in this way, which is the regular Parliamentary form; but sometimes its authority is expressed by a Resolution instead of a bill. This is a kind of informal way of passing a law, though it usually takes that form because of the peculiar character of the subject of the Resolution; as an amendment to the Constitution would be commenced by a resolution passed by both Houses; but, as Congress has not the sole power over that question, it requiring the concurrence of three fourths of the States, it is put in that form. When some demand is to be made by Congress on the President, or on various officers of the government, and in a variety of other cases, a resolution has the force of law, disobedience to which would involve a penalty. Many resolutions merely express the views of Congress, and are of force and value only on account of the respectability and dignity of the body expressing them. Some resolutions require to be passed in both Houses to acquire legal force, and are then called Concurrent Resolutions.

A bill must pass through the regular forms of printing, reference to a committee, report, placing in order on the records, and calling up at a proper time for consideration and decision. This is very proper to avoid hasty action before all the bearings of the case have been examined; but would consume too much time if required in every case. A resolution may be debated and decided at once, and it facilitates the progress of business, in the class of cases to which it is applicable.

6. The amount of business to be done by Congress is immense. Each branch of the executive department makes a yearly report to it, which must be considered and suitable laws passed; many hundreds of laws are commonly asked to be passed, repealed, or revised, by the President or the people; and all the interests of a great and growing country looked after. Those who are at a distance cannot always judge accurately of the difficulties it meets with in endeavoring to give satisfaction to all, nor of the different appearance which questions may present when closely examined and looked at on all sides, and Congress has a great deal of short-sighted criticism to bear.

Congressmen cannot always tell what is best more than other people, nor always find themselves able to do what they prefer, or judge to be best, and the account to which they are held is sometimes unjust; yet, on the whole they have always respected, and sought to serve, the views and interests of the people as a whole, and deserve much praise. The country has become prosperous and free under their legislation, and what the majority of the people clearly call for is always done for them.

7. The more carefully the people whom they represent watch them at work, and study the subjects they are required to legislate on, the less reason will they find for denunciation of them, and the more intelligently will they be able to lay out their work for them. They are the servants of the people, notwithstanding they seem to command and order, and are liable to be dismissed and turned out of place if they do not give satisfaction. They are men like ourselves, with interests, temptations, and weaknesses. We should aid them in their work, and assist them to walk uprightly by our intelligence and careful regard for reason and right. Our representatives will always, in character and conduct, present a fair statement of what we are ourselves. If we are just, honest, and high-minded they will not dare to be otherwise than faithful and true, and if we are intelligent we shall never put ignorant and vile men in office. So the Congress of the United States of America will always be a truly Representative Body.

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LIII. PUBLIC PRINTING

1. Among the Institutions of the government is that heading this chapter. The amount of printing required to be done for Congress, the various branches of the government, and for the benefit of the people, is very great indeed. All the proceedings of both Houses of Congress as recorded by the secretaries are required to be printed under authority; since many copies are required by the members and for general purposes. All the laws are printed in great numbers for circulation among the many millions interested; and when a bill is proposed it requires to be printed for the use of the several hundred members who need it for examination and study, although it often never becomes a law.

2. The President’s Messages, and all the reports of heads of departments and bureaus; the reports and commissions of army and navy officers, of investigating committees, of various superintendents, agents, and government employees, and many other things are printed, sometimes only for use of Congress; sometimes for extensive circulation. Thus it is easily seen that the government printing is a heavy expense, and a very large part is indispensable; though many believe that a judicious selection of documents and a careful study as to the number of some of them printed might largely reduce the expense, without injury to the public welfare. We do not wish to pay for the printing of documents that are never read. It is a waste of the people’s money; yet, we must not forget that it is of the utmost importance that the people should become intimately acquainted with all the affairs of the government. Perhaps Congress is sometimes wiser than the people, and that many documents are wisely printed, and unwisely left unread by those most interested. Economy and intelligence are to be equally regarded.

3. Until 1860, the government hired men to do this work, and a printer was employed by each house of Congress. But great complaints were made of the enormous expense to which the country was subjected in this item of its expenditures; and at the date named, Congress passed an act establishing a government printing office, to be under the direction of a superintendent of public printing. The sum of $150,000 was appropriated for the purchase of necessary buildings, machinery, and materials for the purpose. By the provisions of the act it was made the superintendent’s duty to overlook all the public printing and binding, not only of Congress, but of all the departments, and of the United States courts; to purchase all necessary materials and to employ all the workmen required. And that Congress may know how the establishment is conducted and at what expense, the superintendent is required to report to Congress at the commencement of every session, the work done, the number of hands employed, and the exact state and condition of the establishment. He is prohibited from paying more for work done in this office than is given for the same services in private printing offices in Washington.

4. The superintendent is also charged with the duty of procuring all blank books, maps, drawings, diagrams, views, and charts, which may be ordered by Congress, or by the heads of departments and bureaus. But the superintendent himself is not left to act always as he may think proper, for in many cases he must have the approval of the joint committee on printing of both Houses of Congress.

5. This is a very proper effort to curtail expenses. It remains to be seen how successful it may be. The constant watchful oversight of the Sovereign People can alone succeed in keeping all things in due order. When the representatives of the people become careless and wasteful the admonition of the people is never without its effect.

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LIV. THE SIGNAL SERVICE

1. The present organization of this institution dates from the beginning of the civil war, and was originally purely military in its aims and purposes. It is still conducted by the War Department, and partly for its own purposes; but its value to agricultural and commercial interests is constantly becoming more apparent and more extensive, and will probably, in the end, so overshadow its military relations as to reduce them to a very subordinate place in importance. The civil uses of this service are based on the science of meteorology, which is largely occupied with weather changes, the origin, progress, and laws of Storms. Its value to the people consists in its accurate prediction of changes in the weather, and the warning it is able to give, sometimes many hours or even days in advance, of dangerous storms. Its estimate of weather probabilities, based on observations reported daily from prominent points covering the whole country, are published in all the daily papers, usually found accurate, and are of great value to certain classes of the people. When a storm threatens to endanger the safety of shipping a signal is displayed in the port to give warning, and much property and many lives are often saved. It makes an accurate and scientific study of the weather and all the laws controlling its changes, by a large corps of enlightened and trained observers, all whose facts, constantly reported, systematized, and studied by competent persons, are likely to produce, in time, a most important and useful body of knowledge on that subject.

2. The objects of the Signal Service require its officials to be connected with the United States army, to have the use of the Electric Telegraph, to be familiar with Meteorology, and skillful in the use of the scientific instruments employed in the study of atmospheric changes. By means of the telegraph, the army, though scattered over the whole country, and especially the frontiers and more inaccessible parts, may be almost instantaneously, and all at the same time, communicated with. It would be possible, by telegraphs, signals, and railroads, to concentrate the whole army from the numerous points where its fragments are located, from Maine to Texas, and the Atlantic to the Pacific, at one point in as short a time as it formerly took a body of soldiers to march a hundred miles.

3. It is a singularly striking instance of the vigor and effectiveness of control supplied by science, invention, and modern progress, by which our vast increase in numbers and in extent of territory are neutralized, the interests, sentiments, and habits of the people unified so that sectional jealousies and contests are made rare and slight, and the people of remote parts of the country made practically better acquainted with each other than formerly were the inhabitants of adjoining States.

4. Subordination and thoroughness of system are secured by its connection with the army, which probably also secures its advantages to the country at much less cost than would be the case were it an independent institution. The army is ambitious to be as useful as possible to the country. There is a Signal School of Instruction and Practice at Fort Whipple, in Va., which is to this Service what the Military and Naval Academies are to the Army and Navy. The most suitable persons are selected from the army or especially enlisted, and carefully schooled and tested through a sufficiently long period to render them fully competent for the delicate duties imposed on them.

5. There are about 90 Signal Stations, a few being located in Canada and the West Indies. The whole is under the direction of the Chief Signal Officer, who reports to the Secretary of War. There is a large and carefully arranged organization, under constant supervision by competent persons. Several Boards of Examination are employed in selecting suitable persons for the different duties required in the Service, and in testing their advancement toward a thorough fitness for each position to be occupied.

The first or lowest grade is for the “field” signal service, requiring a knowledge of army signals and telegraphy—this being the original military value of the institution—the second grade includes those who are competent to act as assistants to observers in the scientific or meteorological part of the work; and the third (called Observer Sergeants) includes those who have so complete a knowledge of the scientific principles involved and of the use of the instruments employed as to be fitted to take charge of Stations of Observation, and make the constant and minute reports on which the conclusions of the Central Office are based.

The Stations are from time to time inspected, and the whole system kept in the most accurate order. Very much depends on the intelligence and unremitting attention of the Observers.

This is, probably, the beginning of a work of the greatest practical value to commerce and agriculture. It will continually expand and grow more exact and useful, and from its relations to the diffusion of important and useful knowledge we have placed it with

THE SMITHSONIAN INSTITUTION.

1. Though there are no doubt many minor failures to meet the wishes, and secure the interests of the people and some, perhaps, that are really serious—though in these the people bear a good share of the blame—the government has pursued an enlightened policy in respect to the encouragement of Science, and the diffusion of useful knowledge. What it can properly do in the interest of the whole people has been done. The Smithsonian Institution is not wholly a government establishment; but the official machinery by which it was at first set in motion, and is continued in operation, belongs to the government. The funds with which it was founded, were furnished by an individual, and he a foreigner. The history runs thus: A noble-hearted Englishman, whose name was John Smithson, residing in the city of London, bequeathed all his property to the United States of America, for the purpose of founding in Washington an establishment to be known as the “Smithsonian Institution,” for the purpose of increasing and diffusing knowledge among men. The United States accepted the bequest, and in 1846 passed an act for the purpose of carrying out the beneficent design of Mr. Smithson. This act created “an establishment,” as it is denominated in the act, by the name before stated. It might have been called a corporation, for it has perpetual succession, and many of the powers incident to a corporation.

2. By this act the President and Vice-President of the United States, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster General, the Attorney General, and Chief Justice, the Commissioner of the Patent Office, and the Mayor of Washington—during the time they shall hold their respective offices, together with such other persons as they may elect honorary members—were constituted the establishment under the name of the Smithsonian Institution.

3. It is located at Washington, and is managed by a board of regents, composed of the Vice-President of the United States, the Chief Justice of the United States, the Mayor of Washington, three members of the Senate, and three members of the House of Representatives; together with six other persons. The board choose their own officers, and report their proceedings to Congress at each session thereof.

4. In order to carry out Mr. Smithson’s noble design of founding this institution, rooms have been prepared for the reception of all objects of art, natural history, plants, and geological and mineralogical specimens which now or hereafter may belong to the United States, and such as may hereafter be obtained. These are classified and arranged so as to facilitate their examination and study. A vast collection has already been obtained and deposited in the institution, and it is constantly increasing by donations, by the researches and industry of its professors, and by exchanges made with kindred institutions at home and abroad. These are open to the examination of the public, and offer an opportunity to students and others to extend their scientific knowledge. This, together with the reports of its professors, of experiments and new discoveries, make it indeed an institution “for the increase and diffusion of knowledge among men.”

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LV. REPORTS

1. Congress being the law-making power of the government, it is evident that, to know precisely what laws it is important to enact, to change, or to repeal, they should be kept well informed of all that is done by government officials, and the precise condition of every branch of the public service. The President’s Messages are of the nature of reports made by the Chief Executive to the legislative body for its information and guidance. So it is enacted that the Secretaries of State, Treasury, War, Navy, Interior, and Postmaster General, together with the commissioners of the different bureaus, and boards attached to these departments, shall annually report to Congress. Heads of departments report directly to Congress. So do many of the commissioners who are at the head of bureaus. Boards report to the heads of departments to which they are attached.

2. In this way Congress is kept advised of whatever is done in every department, bureau, or board, to which any of the public business is entrusted. These reports not only furnish the law-making power with such information as it needs, but serve as a check to any official misconduct. The annual reports of the Secretaries of the Treasury, War, and Navy, together with that of the Postmaster General, are State papers which rank in importance next to the annual message of the President. To them the people look for a detailed account of the state and condition of those great departments over which these Secretaries preside, and which so materially affect the pecuniary and other great interests of the nation.

3. The foregoing remarks upon reports, throw light upon the movements of the machinery by which the government is operated, and show how officials are held responsible to the superior power.

In this connection we may notice another kind of reports, which come from another source. After each Congress has convened and organized, the President of the Senate and the Speaker of the House appoint what are denominated the standing committees of each of these bodies.

When bills are presented to be passed into laws, or petitions are sent in, they are always referred to the appropriate committee, which examines them and reports to the body (of the Senate or House) their conclusions upon the merits or demerits, propriety or impropriety, of granting the petition, or of passing the bill under consideration.

These reports generally govern the action of Congress when they come to vote upon the passage of the law. But that is not always the case; the body of either House may think differently from its committee, and act contrary to its recommendations.

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LVI. IMPEACHMENT

1. In the second article, section four, of the Constitution, these words are found: “The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.”

2. Impeachment is a procedure against office holders only, for the purpose of removing them from office. It inflicts no other punishment; but the guilty party may afterwards be prosecuted for his crime in a court of law, and punished in such manner as the law directs.

3. The House of Representatives alone can present charges looking to the trial of an officer of the government by impeachment. Its action, in such a case, is similar to that of a Grand Jury. It charges that the official has violated the law and should be tried, in order, if guilty, to be removed from office. It appoints a committee to conduct the prosecution before the Senate, to which these charges are presented.

4. The Senate alone has the power to try the accused party. When trying a case of impeachment it acts as a court, and from its decision there is no appeal. The President cannot pardon a criminal who has been impeached. When the President of the United States is tried, the Chief Justice of the Supreme Court presides, but in no other case. No person can be convicted in a trial of impeachment, unless two-thirds of the Senate concur in finding the accused guilty of the alleged offense.

THE JUDICIAL DEPARTMENT.

This is the third Branch of the government, as determined by the Constitution, and is of supreme importance and dignity. Its sphere is to interpret the Constitution, to decide controversies, to try offenders and to pronounce sentence on them, to enforce rights, and to keep the whole organism of the government in proper place and proportion. It is attached to the governmental machinery as a Regulator. Without it the other Departments must be the judges of the extent of their own powers; the Constitution would be practically inoperative to prevent inharmonious or mischievous legislation; and the executive would possess the authority to try as well as punish offenses.

The officers of this Department of the government are expected to be men of much weight and dignity of character, of wide legal culture, and are selected for, and continued in, office under such circumstances as to guarantee, to a fair extent, the requisite distinction and impartiality.

All this we shall see as we proceed to analyze its different branches. These consist of the United States Supreme Court, the Circuit Courts, the District Courts, and the Court of Claims. The local courts in the District of Columbia, and the Territorial Courts, though similar to the State Judiciaries, are connected, by their relations to the General Government, with this Department.

The importance of this branch of the government has become more evident as time has passed, and the conflict of parties has put the whole to test. The acrimonious party spirit of our early post revolutionary history, which continued into Monroe’s administration, was, in great part, the result of a want of due confidence in, and respect for, the judiciary. Experience showed that our people were law abiding, and that the Legislative and Executive powers, equally with the people, were willing to submit to the official interpretation of the Constitution, and all ready to join hands to maintain its authority.

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LVII. THE SUPREME COURT

1. This is the highest tribunal in the United States. If the whole government be figuratively regarded as an arch this is the “Key Stone of the Arch” without which the whole structure would crumble and fall. In all cases of dispute as to the meaning of the Constitution and the range of powers it confers, or implies, it has sovereign power to decide; and from that decision there is no appeal. Its declaration, as to the meaning and application of the Constitution and the body of statutes enacted under it, becomes the law of the land. It is the great bulwark against tyrannical use of power, and conflicting enactments, whether by National or State Legislatures.

2. This court has one Chief Justice and nine Associate Justices, all appointed by the President, by and with the advice and consent of the Senate. They are appointed for life, or during good behavior; they may be impeached for bribery or other high crimes, and then removed from office. They may also resign; but if they conduct themselves properly and choose to retain their offices, there is no power by which they can be removed, except the power of death. The Constitution itself makes this provision, in order that the judges may be removed as far as possible from the influence of party politics. It is therefore expected that their decisions will not be biased by party or political considerations; and it may not be amiss to say that the provisions for keeping the judges of the United States Courts in office for life, meets with almost universal approbation; and has caused many to hope that the States would alter their Constitutions and adopt the same plan; believing it to be the surest way of preserving a pure and independent Judiciary, on which depend the rights and liberties of every citizen of the commonwealth.

3. This court holds but one term in a year, which commences on the first Monday of December, and sits until it has disposed of the business before it. Its sessions are always held at Washington, the capital of the nation; there it has access to the Congressional and Law Libraries, and to all the departments and records of the government when necessary.

There is a class of causes which may be commenced in this court. In these cases it has original jurisdiction. They are such as affect ambassadors, other public ministers, and consuls; and those in which a State shall be a party. In other cases it has only appellate jurisdiction. The greater part of its business is to hear and determine appeals from inferior courts, mainly from the United States Circuit Courts; and in some instances from the highest State courts.

4. It has not only original, but exclusive jurisdiction in causes where a State is a party, and when proceedings or suits against ambassadors, or other public ministers or their servants, are instituted. Its power to try appeals from lower courts, called appellate jurisdiction, gives it the position of the highest court in the nation.

It has power also to restrain or to prohibit proceedings in the United States District Courts, when acting as courts of Admiralty; or in cases of maritime jurisdiction. The judges of this court hold the Circuit Courts, and allot themselves among the judicial circuits.

The practice and rules of procedure in this court are very similar to those of the Courts of Chancery and King’s Bench, in England. Issues of fact are tried by jury, the same as in other courts.

OFFICERS OF THE COURT.

5. The officers of this tribunal are the Judges, the Attorney General, a clerk, a crier, and a reporter. The three last named are appointed by the court. It is the duty of the Marshal of the District of Columbia to attend this court, and to serve process issuing from it.

An Attorney or Counsellor-at-Law, to be admitted to practice in this court, must have been a practitioner in the Supreme Court of the State where he lives.

6. The following are the names of all the Chief Justices of the Supreme Court of the United States, from its establishment to the present time; with the dates of their appointments, and the States from which they were appointed:

John Jay, N. Y., Sept. 26, 1789. John Rutledge, S. C., July 1, 1795. William Cushing, Mass., Jan. 27, 1796. Oliver Ellsworth, Ct., March 4, 1796. John Jay, N. Y., Dec. 19, 1800. John Marshall, Va., Jan. 27, 1801. Roger B. Taney, Md., Dec. 28, 1835. Salmon P. Chase, O., Dec. 1864. Morrison R. Waite, O., Jan. 21, 1874.

7. The following are the names of the Associate Justices with the dates of their appointment and the States from which they were appointed:

John Rutledge, S. C., 1789. William Cushing, Mass., 1789. Robert H. Harrison, Md., 1789. James Wilson, Pa., 1789. John Blair, Va., 1789. James Iredell, N. C., 1790. Thomas Johnson, Md., 1791. William Paterson, N. J., 1793. Samuel Chase, Md., 1796. Bushrod Washington, Va., 1798. Alfred Moore, N. C., 1799. William Johnson, S. C., 1804. Brockholst Livingston, N. Y., 1807. Thomas Todd, Va., 1807. Gabriel Duvall, Md., 1811. Joseph Story, Mass., 1811. Smith Thompson, N. Y., 1823. Robert Trimble, Ky., 1823. John McLean, O., 1829. Henry Baldwin, Pa., 1830. James M. Wayne, Ga., 1835. Philip P. Barbour, Va., 1836. John McKinley, Ala., 1837. John Catron, Tenn., 1837. Peter V. Daniel, Va., 1841. Samuel Nelson, N. Y., 1845. Levi Woodbury, N. H., 1845. Robert C. Grier, Pa., 1846. Benjamin R. Curtis, Mass., 1851. James A. Campbell, Ala., 1853. Nathan Clifford, Me., 1858. Noah H. Swayne, O., 1862. Samuel F. Miller, Iowa, 1862. Stephen J. Field, Cal. David Davis, Ill., 1862. William Strong, Pa., 1870. Joseph P. Bradley, N. J., 1870. Ward Hunt, N. Y., 1873.

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LVIII. CIRCUIT COURTS

The next in dignity, power, and jurisdiction are the United States Circuit Courts. While the Supreme Court is always held in Washington, these are held in every State at such times and places as special law of Congress directs. These are often changed so as to accommodate both the people in the States and the judges of the Court. As now arranged, the whole Union is divided into nine circuits, each circuit comprising several States, according to the size and population of the States. The places are arranged with reference to convenience of access by all the people in the circuit.

This Court is similar in design and authority to the Supreme Court; indeed it is but a branch of it; the same officers presiding, and the same class of questions being adjudicated by it, viz.: those involving Constitutional Law; and this authority, so important to uniformity of interpretation of constitutional provisions, and to the enjoyment of rights guaranteed by that instrument to citizens of all the States, is made pervading—is carried within the reach of all.

2. The Circuit Courts are held by the Judges of the Supreme Court, who allot the circuits among themselves, and then travel each through his own circuit, until he has visited and held a session in every State which lies within it. A Judge of the Supreme Court is the presiding and supreme magistrate in every Circuit Court, but the Judge of the District Court of the district in which the Circuit is held, sits with the Judge of the Supreme Court, as Associate Justice.

JURISDICTION.

3. These Courts have both original and appellate jurisdiction. Causes may be appealed from the District Courts to the Circuit. They also have concurrent jurisdiction with the State courts, where the matter in dispute exceeds the sum of $500, and the United States are plaintiffs; or where an alien is a party, or where the suit is between citizens of different States. They have exclusive jurisdiction in all cases of crimes against the United States, except where the law especially confers the power on other courts. It extends to all cases under the revenue laws of the United States.

4. There is also a certain class of cases (too tedious to be described here in detail,) which may be removed from State and from District Courts, into these courts, and be tried and determined in the same manner as if they had been commenced here.

The officers of Circuit Courts are, first, the Judges; second, the District Attorney of the district in which the court is held; third, the Marshal of the district; and fourth, a Clerk, who is appointed by the court.

5. It may be interesting, and perhaps useful to know how the different circuits are formed, and what States lie in each. They have been from time to time increased in number, as the number of the States increased. In some cases States have been at first placed in one circuit, and afterwards detached and placed in another.

6. By the Acts of 1862 and 1863, the circuits were arranged as follows:

First Circuit—Rhode Island, Massachusetts, Maine and New Hampshire (by Act of 1820).

Second Circuit—Vermont, Connecticut, New York (Act of 1837).

Third Circuit—New Jersey and Pennsylvania.

Fourth Circuit—Maryland, Virginia, Delaware and North Carolina.

Fifth Circuit—South Carolina, Georgia, Alabama, Mississippi and Florida.

Sixth Circuit—Louisiana, Texas, Arkansas, Kentucky and Tennessee.

Seventh Circuit—Ohio and Indiana.

Eighth Circuit—Michigan and Illinois.

Ninth Circuit—Wisconsin, Missouri, Kansas, Iowa and Minnesota.

Tenth Circuit—California and Oregon.

But in 1866 this arrangement of the circuits was again changed; and this was done, we suppose, to make the circuits approximate nearer to the number of Associate Justices, as reduced from nine to six by the same act; for, it was then enacted that hereafter there should be no more Associate Justices of the Supreme Court appointed, until they were reduced (by death or resignation), to six.

7. The circuits by this last act were reduced to nine, and were arranged as follows:

First and Second Circuits to remain as before.

The Third was made up of the States of Pennsylvania, New Jersey and Delaware.

The Fourth, of Maryland, Virginia, West Virginia, North Carolina and South Carolina.

The Fifth, of Georgia, Florida, Alabama, Mississippi, Louisiana and Texas.

The Sixth, of Ohio, Michigan, Kentucky and Tennessee.

The Seventh, of Indiana, Illinois and Wisconsin.

The Eighth, of Minnesota, Iowa, Missouri, Kansas and Arkansas.

The Ninth, of California, Oregon and Nevada.

We have inserted both of these circuit arrangements, because one new State (Nebraska), has been admitted since the act passed. Others will soon come in, and very probably the old number of circuits and judges will be restored.

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LIX. DISTRICT COURTS

1. We come now to the lowest grade of United States courts, excepting the local courts in the District of Columbia, and the Territorial Courts. A United States District Court is held by a District Judge in every district. Every State constitutes at least one district, several of the larger States are divided into two, and some into three. There are at the present time fifty-nine Judicial Districts, and consequently the same number of District Judges, District Attorneys, District Clerks and Marshals. The Judges, Attorneys and Marshals are all appointed by the President and Senate; the Clerks by the respective courts.

TERMS.

2. By the law of 1789 every District Judge was required to hold four sessions a year, at such times and in such places as Congress directed. This is done to this day in a great majority of the States; but by later laws, in some of the districts only two or three sessions a year are required.

JURISDICTION.

3. These courts have exclusive jurisdiction in all admiralty and maritime causes. These relate to maritime contracts, and to crimes against the laws of the United States, committed on the sea and on navigable lakes and rivers. It embraces in this country all contracts respecting vessels and navigation; such as chartering, repairing, and fitting them out, seamen’s wages, &c. They have in some cases concurrent jurisdiction with the Circuit Courts, as in cases of piracy, and exclusive cognizance of cases where seizures are made for a violation of the revenue laws, or laws relating to imports and navigation; and causes against consuls and vice consuls where the amount claimed does not exceed $100. In short, they have concurrent jurisdiction with the Circuit Courts, of all crimes against the laws of the United States, the punishment of which is not capital. The trial of issues of fact in all causes except civil causes of admiralty and maritime jurisdiction, must be by jury.

4. Appeals are taken from these courts to the Circuit Courts. The judges are appointed like those of the Supreme Court, for life, or during good behavior, and receive various amounts as salary, some more and some less, according to the amount of services to be performed in their respective districts.

5. When vessels are captured in time of war, either by the public armed vessels or by private armed ships, the facts and circumstances of the capture must be brought before a United States Circuit or District Court for adjudication; when the vessel and cargo are either condemned as a prize, or restored to their owners. When either of these courts adjudicate such cases, it is called a Prize Court.

We give the number of Judicial Districts in each State as they now exist, and the total number in all the States. They are as follows:

Alabama, 3. Arkansas, 2. California, 2. Connecticut, 1. Mississippi, 2. Missouri, 2. Nevada, 1. New Hampshire, 1. Delaware, 1. Florida, 2. Georgia, 2. Illinois, 2. Indiana, 1. Iowa, 1. Kansas, 1. Kentucky, 1. Louisiana, 2. Maine, 1. Maryland, 1. Massachusetts, 1. Michigan, 2. Minnesota, 1. District of Columbia, 1. New Jersey, 1. New York, 3. North Carolina, 3. Nebraska, 1. Ohio, 2. Oregon, 1. Pennsylvania, 2. Rhode Island, 1. South Carolina, 2. Tennessee, 3. Texas, 2. Vermont, 1. Virginia, 1. West Virginia, 1. Wisconsin, 1.

Total, 59.

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LX. ADMIRALTY AND MARITIME JURISDICTION

In ancient times—and long before this government existed—civilized and commercial nations had codes or laws which related especially to transactions upon the sea. Those respecting ships of war and warlike operations at sea were called the laws of Admiralty; those respecting vessels engaged in commercial affairs were called Maritime laws; and the courts empowered with jurisdiction to hear and try causes, or to take any judicial proceedings in those cases, were styled Courts of Admiralty and Maritime Jurisdiction. These laws, in many respects, differed so materially from the laws relating to affairs on land, that the authority and power to take proceedings in and adjudicate upon them was conferred upon a particular class of courts. Hence we see the origin of the names of such tribunals.

In this country the United States District Courts have been designated by the laws as the courts which shall have original and exclusive authority to adjudicate this class of causes; yet an appeal from the District to the Circuit Courts may be taken.

KIND OF CASES.

The word Maritime designates that which relates to the sea. Yet, in the United States, cases which come within Admiralty and Maritime jurisdiction are not restricted to the sea, or to transactions relating to business or crimes done on it, but are made to embrace those which occur on navigable lakes and rivers, and include seizures made for the violation of the laws of impost, navigation, or trade, suits for the recovery of seamen’s wages, contracts for building, repairing or fitting out vessels, and, briefly, all contracts where the subject-matter relates to the navigation of the sea. The District Courts have Admiralty and Maritime jurisdiction in all these cases, without regard to the amount claimed, and in criminal as well as in civil suits.

The foregoing remarks show the workings of our judicial system, as it applies to business done, and crimes committed upon the high seas.

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LXI. COURT OF CLAIMS

1. This court was established by act of Congress in 1855. The law reads thus: “A court shall be established to be called the Court of Claims, to consist of three judges, to be appointed by the President and Senate, and to hold their offices during good behavior; and the said court shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an Executive department, or upon any contract express or implied, with the government of the United States; which may be suggested to it by a petition filed therein; and also all claims which may be referred to said court by either house of Congress.”

2. On the third of March, 1863, the jurisdiction of this court was enlarged, and two additional judges appointed (making five), from the whole number of which the President was authorized to appoint one a Chief Justice for said court.

3. The mode of commencing proceeding before this tribunal is by petition; in which the claimant must fully set forth his claim, how it arose, its amount, and the parties interested therein. After the case has been heard and determined, the court reports to Congress what its decision is, and if favorable to the claimant, a bill is passed for his relief.

4. It holds one session a year, in Washington, commencing on the first Monday in October, and continuing as long as the business before it requires. It not only tries claims against the government, but by its enlarged jurisdiction, conferred in 1863, it also tries counter claims and set-offs which the United States may have against the claimant. Appeals are taken from the Court of Claims to the Supreme Court of the United States, when the amount in controversy exceeds $3,000.

5. Before the establishment of this court, the only remedy persons having claims upon the government had, was by petitioning to Congress for relief; which experience proved to be a long, tedious, and expensive mode of obtaining their dues. The petition now goes to this court, where it is heard and adjudicated in the same form, and by the same rules of procedure which are observed in other courts; for Congress has conferred upon it all the powers commonly possessed by other courts of law. It also has a seal.

6. It has greatly facilitated the settlement of claims against the government, and has relieved Congress of a great amount of labor, which was urgently pressed upon it at every session.

7. In addition to the five judges, it has a Solicitor, an Assistant Solicitor, and a Deputy Solicitor, all of whom are appointed by the President and Senate; and are officers of the court, whose duty it is faithfully to defend the United States in all matters and claims before this court.

A bailiff, a clerk, a crier and messenger, all of whom are appointed by the court, make up the remaining officials.

The claimants stand in the relation of plaintiffs, and the government in that of defendant.

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LXII. DISTRICT ATTORNEYS

These officers are next in rank to the Judges of the Circuit and District Courts with which their duties are connected. Their relation to the government, in the class of cases that come before those courts, is the same as that of the Attorney General in the Supreme Court. They are its official legal counselors in all cases involving the interests of the General Government before the Circuit and District Courts in their several districts. They are appointed in the same manner; that is, nominated by the President, and confirmed by the Senate. It is their duty “to prosecute in such district all delinquents for crimes and offences cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned.” They are his clients, and he must enforce their rights, and defend them, in the same manner that any attorney protects and defends his client in any of the State courts. In case of necessity, he may appoint a substitute to act in his place. All fees over and above what he is allowed as compensation for his services, he must report and pay into the United States Treasury.

3. He must defend collectors of the customs and other revenue officers in his district, when suits are brought against them in their official capacity, and must report to the Solicitor of the Treasury the number of suits determined and pending in his district. And when prize cases have been determined, or are pending in the District Court of his district, he must report the state and condition of each case to the Secretary of the Navy.

District Attorneys are appointed for four years, but may be removed at the pleasure of the President. Their compensation depends on the amount of business to be done in their respective districts. When important ports of entry, such as New York or Boston, lie in their districts, their duties are very numerous, and they receive a corresponding compensation.

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LXIII. UNITED STATES MARSHALS

1. United States Marshals are the ministerial officers of the United States courts. Their duties and responsibilities are very similar, and nearly identical with the duties and responsibilities of sheriffs in the courts of the several States. They are appointed by the President and Senate, for a term of four years. They appoint their own deputies, and their compensation consists of fees instead of a salary; and depends entirely upon the amount of business they have to transact. There is a Marshal in every Judicial District in the United States, and there are fifty-nine of these districts in all. Every State forms at least one district, while the larger States are divided into two or three.

2. A District Court is held in every district; and it is the Marshal’s duty to attend the sittings of these courts, and also those of the United States Circuit Courts, when they happen to sit in his district. The Marshal for the District of Columbia must also attend the sittings of the Supreme Court, and execute its precepts. We have said that they are the ministerial officers of the United States courts; for it is their duty to serve all writs and precepts emanating from them, whether of a civil or criminal character; and to execute the judgments and decrees of these tribunals; and for this purpose they are authorized by law, (if necessary,) to command such assistance as they may need in the execution of their duties. Before they enter upon the duties of their office, they must be bound to the United States for the faithful performance of them, and must solemnly swear to do them, without malice or partiality; and that they will take only lawful fees. They are also held answerable for the delivery to their successors of all prisoners who may be in their custody at the time of their removal, or at the expiration of their term of office.

3. They also have the custody of all vessels and goods seized by any officer of the revenue. It is their duty also to summon, and to pay jurors and witnesses in behalf of any prisoner to be tried for a capital offense, under the laws of the United States. In the remarks made under the head “Census,” we stated that it was made the duty of the Marshals to superintend and direct the enumeration of the people; and to collect such statistical facts as the law requires. This they do through deputies, whom they appoint for that special purpose.

The United States Marshal is also required, on the first day of January and July of each year, to make a return of all the fees and emoluments of his office to the Secretary of the Interior; and if they amount to more than $6,000 per year, he must pay the surplus into the Treasury of the United States.

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LXIV. GRAND JURY

1. By turning to the fifth article of the amendments to the Constitution, you will find these words: “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury; except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger.” This constitutional provision makes a Grand Jury a very important agent or instrumentality in the execution of the laws, and also a safeguard of the liberties and rights of the people. It secures every person from the expense and disgrace of a trial for infamous crimes, unless a Grand Jury of his countrymen shall find upon inquiry and investigation, that there are good reasons for believing that the person so charged has committed the alleged offense.

2. This provision not only protects those who are charged with these crimes against the laws of the United States, but those also who may be charged with such offenses against the laws of any State; for no State can arrest and try any person for a capital or infamous crime without these preliminary proceedings of a Grand Jury; and should it do so, the United States Supreme Court would set its laws aside, as contrary to the Constitution of the United States. Here we see that the government is just as careful to protect its citizens from injustice by hasty judicial proceedings as it is to punish them after a fair and impartial trial.

3. A Grand Jury, when called to take cognizance of violations of the laws of the United States, to find indictments against those who are charged with them, is summoned by a judge of a United States court in the circuit or district where the alleged crime has been perpetrated; and it must take notice of all crimes against the laws of the United States, which may be brought to its knowledge, within the circuit or district in which it sits. Hence, if ordered by a Circuit Judge, its powers extend over all those States which lie in that circuit. But when ordered by a District Judge, its powers extend only to that district in which it sits, and a district never embraces more than one State, and in many cases a State is divided into two or three districts.

4. This shows us how much more extensive is the jurisdiction of a Grand Jury, when acting under the laws of the United States, than when acting under State laws. In the former it extends generally all over a State, and sometimes over several States. But in the latter it is confined to the county in which it sits.

GRAND AND PETIT JURIES.

A Grand Jury never acts but in criminal cases. A Petit Jury acts in both criminal and civil cases. The finding or conclusion arrived at by a Grand Jury is called a presentment, or an indictment. The finding of a Petit Jury is called its verdict.

5. Second, a Grand Jury sits alone (not in the presence of the court), and deliberates upon such matters of a criminal character as it possesses knowledge of, or which may be brought to its notice by the court or by other persons; and when it finds that great evils exist, and wrongs have been perpetrated, it presents them to the court, and calls the attention of the law officers to them; which is equivalent to a recommendation that judicial proceedings should be commenced to abate the evil, or to punish the wrong-doer. This is called a presentment of the Grand Jury.

And when they find, upon such evidence as they have, that a great crime has been perpetrated, or that they have good reason so to believe, and that it has been perpetrated by some person specified, they report their finding or conclusion to the Court. This is called an indictment by the Grand Jury; after which the person so charged is arrested, if at large, and can be found, and is either imprisoned or held to bail for his appearance at court to stand trial.

6. A Grand Jury never tries a case. It only says to the court by its presentment or indictment, that the case presented, or the person indicted, ought to be brought before the court, and tried for the alleged wrong or crime.

A Petit Jury sits with the court, hears the pleadings and arguments of counsel on both sides, listens to the evidence of witnesses; and then hears the charge of the judge, as to the law applicable to the case; after which they withdraw and deliberate alone upon the case, and if they agree in a criminal case, their verdict is “Guilty,” or “Not Guilty;” if in a civil suit, they say how much one party is indebted (if any), to the other.

7. The object aimed at in that article of the Constitution which stands at the head of this chapter, is to protect persons from false charges of crime, and hasty adjudication of such charges; for it substantially amounts to a declaration that no person shall be punished for a capital or infamous crime, unless one jury, before trial, shall, upon information and belief, charge him with the offense; and another, after trial, shall find him guilty of the alleged crime.

The above remarks are as applicable to Grand and Petit Juries, acting under State, as those which act under the United States laws.

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LXV. LOCAL GOVERNMENTS

1. The Supreme power in the United States is lodged in the general government, with its three branches: Legislative, Executive, and Judicial. The authority of this government, however, is restricted to the powers expressly conferred on it by the Constitution; all other power being reserved to the States, or the people. The States also are sovereign in their own limits, over all questions not expressly assigned to the General Government. Instead of conflict of authority there is true harmony. The people elect the members of both the classes of legislators and executives, and both are equally employed in attending to the interests of the people confided to their care; the first to General, the second to Local interests. All the members and officers of each are the servants of the Sovereign People.

2. As soon as the general government was organized under the Constitution, there arose two parties. One wished to render the General Government prominent in order to secure concentration of strength and vigor of action; the other desired to exalt the State governments in the fear that the general government might prove ambitious of too much power, and disregard the welfare of the people. As in almost all party platforms, both these seemed to take too narrow a view. Washington was held to sympathize more with the first, Jefferson was the acknowledged leader of the second. Together they secured a very fair mingling of both these principles in the administration and general policy of the country. A strict adherence to the meaning and spirit of the Constitution would not seem to give special favor to either, or allow a conflict of interests.

3. The Supreme Court, or the Judiciary, is the regulating, or reconciling element, which the Constitution set over the whole to see that no undue or improper action should defeat its purposes, and that no collisions of authority should occur. Its decision is final, it being the last resort in cases of appeal; and, as the only final and authoritative interpreter of Constitutional Law, it may revise the action of all other branches of both general and local government, and put them in harmony.

4. It is plain that the authors of the Constitution intended to fuse the separate elements, or States, into one whole, where general matters were concerned; and to leave those elements perfectly free and absolute control of all questions involving only their separate and local concerns. The People, and their welfare, are the aim and end of both organizations. The possession of power for ambitious ends by general, State, or municipal organizations, or by individuals, was apparently as foreign to the thought of the whole Constitutional convention of 1787 as it seems always to have been to the mind of Washington. That great man was the leader of clear-sighted and pure-minded statesmen, and whatever weaknesses and faults have existed at any time (and there have always been an abundance of them, as there were in the times of Washington) among political leaders, it must be allowed that the Fathers had worthy sons who knew how to work correctly the problems left them by their predecessors. A single question proved quite unmanageable to the sons, as it had before to the fathers, and had to be settled by an appeal to arms; but it demonstrated the strength of the people and the ability of our institutions to withstand the severest shocks.

5. The original States adopted the Constitution after deliberate study, and all the States since admitted virtually do the same. Their general structure in their legislative, executive, and judicial arrangements is substantially the same as that of the General Government. The State Legislatures consist of two Houses, chosen in different ways, and for different terms; the relations between them being similar to those of Congress. Every State has a governor, answering to the President of the United States, who is the executive officer of the State government. The courts in all are organized on the same principle as the Supreme Court of the general government. Although there are small variations from the model, in various States, they do not affect the general resemblance; and, due allowance being made for the different subjects to be treated, the analysis of the general, or of any of State governments, will give a sufficiently correct view of all.

6. A State cannot make treaties with a foreign power, nor declare war against it. It cannot raise a revenue by duties on imports, nor control the postal service, or matters involving the interests of other States. It has therefore no Department for Foreign relations, its Secretary of State dealing only with State affairs. It has no Department of War, or Navy, and no Postmaster General. The Governor’s signature is necessary to the validity of laws passed by the two branches of the legislature, and in most of the States he has a veto power similar to that of the President. He has an executive council answering to the Cabinet. The courts are more numerous than those of the general government, to meet the wants of all classes of the people; ranging from a Supreme or Constitutional court, whose office it is to interpret and apply the constitution of the State; through all grades, of Common Pleas, Circuit, District, Police, and Recorder’s courts down to neighborhood courts held by Justices of the Peace, or Aldermen. There are various others in different States for special purposes.

7. States are subdivided for purposes of local government into counties and towns; and these into smaller portions for educational and other purposes.

Thus the whole is like an extensive system of machinery, wheel being fitted to wheel. From the lowest to the highest the people of each local division have entire control over the subjects in which they only are interested; and there is very little opportunity for the exercise of arbitrary power. Executive officers may be changed by election, or impeachment, if they do not give satisfaction, or prove unfaithful; and as many securities as it is possible to devise are provided against abuses, or, if a majority in any State (or the United States) believe that an improvement can be made, there are constitutional and legal methods for securing it.

Thus our country is insured against serious discontents for which no remedy is at hand; and from the revolutions and internal disturbances that interrupt the progress, and destroy the resources of so many other countries. It is a government of, for, and by the people. The value of any institution or office in the United States, from the school district and director to State legislature, Congress, governor, or President, is determined by the relation it bears to the Public Welfare; and when it ceases to be useful there are, as there ought to be, legal means for laying it aside.

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